HomeMy WebLinkAbout2009-324:; sAour documents\ordinances\09\z09-0009 denton nursing home.doc
ORDINANCE NO. ZD,O%-l2`t
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE 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 DISTRICT, ON 19.858 ACRES OF LAND LOCATED EAST OF
HINKLE DRIVE, 960 FEET NORTH OF U.S. 380 AND 1,285 FEET SOUTH OF HEADLEE
STREET, IN THE CITY OF DENTON, TEXAS, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $25000.00 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0009)
WHEREAS, JDJR Engineers & Consultants, Inc, has applied for a change in zoning for
approximately 19.858 acres of land legally described in Exhibit "A", and depicted in Exhibit
"B", 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 district; and
WHEREAS, on November 18, 2009, the Planning and Zoning Commission
recommended approval of the requested change in zoning, with a restrictive overlay limiting uses
to Elderly Housing; and:
WHEREAS, the City Council 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 recitals of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use
designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification
and land use designation, with a restrictive overlay limiting allowed uses to Elderly Housing.
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 provisions 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 fh
SSE AND APPROVED this the %� day of h&1n4x'-, 2009.
s
MARK O1bGHS, MAYOR
1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: A �O�
Exhibit A
LEGAL DESCRIPTION
19.858 ACRES
BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont
Survey, A-31 in the City of Denton, Denton County, Texas, being all that certain
tract of land conveyed by deed from Peter E. Kern to Peter C. Kern recorded
under Clerk's File Number 93-R0054332, Real Property Records, Denton County, :Texas and being.more particularly described as follows:
BEGINNING at an iron rod found for comer in the east line of Hinkle Drive, a
public roadway having a right-of-way of 60.00 feet, said point being -the
southwest comer of Lot 2, Block 1, Good Samaritan Village, an addition to the
City of Denton, Denton County, Texas according to the plat thereof recorded in
Cabinet M, Page 341, Plat Records, Denton County, Texas;
THENCE - South 89°36`-33" East, pass at 885.80 feet an iron rod found for
southwest comer of Lot 11, Block 1,, Infinity Strata Addition, an addition to the
City of Denton, Denton County, Texas according to the plat thereof recorded in
Cabinet F, Page 47, Plat Records, Denton County, Texas, a total distance of
987.84 feet with the south line of said Good Samaritan Village and with the south
line of said Infinity Strata Addition to an iron rod found for corner at an inner ell of
said. Infinity Strata Addition;
THENCE South 00014'23" East, pass at. 146.79 feet the most southerly
southwest corner of said Infinity Strata Addition, and the northwest comer of that
certain tract of land conveyed by deed from W. C. Kimbrough to Denton County
Agriculture Fair Association recorded in Volume 346. Page 200, Deed Records,
Denton County, Texas, a total distance of 870.53 feet with the west lien of said
Infinity Strata Addition and with the west line of said Denton County Agriculture
Fair Association :to a fence corner for corner in the north line of that certain tract
of land conveyed by deed from Westgrove Properties, Ltd, to RPI Denton Cneter,
Ltd., recorded under Clerk's File Number 97-R00455171 Real Property Records,
Denton County, Texas;
THENCE North 89°53'22" West, pass at 656.79 feet an iron rod found for
northeast comer of that certain tract of land conveyed by deed from Denton
Center Joint Venture to Denton Ancillary, Ltd., recorded under Clerk's File
Number 97-R17046414, Real Property Records, Denton County, Texas, a total
distance of 994,04 feet with said north line of said RPI Denton Center tract and
with the north line of said Denton Ancilliary,tract to an iron rod found for comer in
said east line of said Hinkle Drive, said point being the northwest corner of said
Denton Ancillary tract;
THENCE North 00010'08"' East, 875.34 feet with said east line of said Hinkle
Drive to the PLACE OF BEGINNING and containing 19.858 acres (865,014.48
Square feet) of land, more or less.
Exhibit B