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HomeMy WebLinkAbout2008-078s:\our documents\ordinances\08\z07-0027.dmx • AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE ON TWO TRACTS OF LAND COMPRISING APPROXIMATELY 6.813 ACRES OF LAND, FROM NEIGHBORHOOD RESIDENTIAL 6 (NR-6) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, BOTH TRACTS OF LAND BEING LOCATED ALONG THE EAST SIDE OF I-35 AND SOUTH OF WINDSOR DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07- 0027) WHEREAS, Windsor Farms Partners LP, has applied for a change in zoning for two tracts of land comprising approximately 6.813 acres, legally described in Exhibit A as Tract 1 and Tract 2, attached hereto and incorporated herein by reference (hereinafter, the "Property") from Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed use 12 (NRMU-12) zoning district classifications and use designations to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay district. WHEREAS, on February 20, 2008, the Planning and Zoning Commission recommended approval of the requested change in zoning subject to additional conditions; 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 preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The zoning district classification and use designation for Tract 1 is hereby changed from an NR-6 zoning district to an NRMU zoning district, and the zoning district classification and use designation for Tract 2 is hereby changed from an NRMU-12 zoning district to an NRMU zoning district. Both tracts of land shall be further designated with an overlay district, containing the following additional restrictions and conditions: a. Multi -family dwellings, hotels and drive -through facilities are not permitted uses. b. The minimum landscape area for all developments shall be 30 percent. Notwithstanding the attached real property description, the propertybeing rezoned 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 the land use designation. s 9our documents\ordinances\09\z07-0027.dax 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 CityofDenton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the /9%ay of , 2008 PERRY R. MCNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EXHIBIT "A" FIELD NOTES TRACT 3.229 ACRES BEING all that certain lot, tract or parcel of land situated in the F. Batson Survey Abstract Number 43 in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Farina Trust '92 et al to Windsor Farms Partners, L. P. recorded in Volume 5418, Page 2116, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for corner in the east line of Interstate Highway Number 35, a public roadway having a variable width right-of-way, said point being the northwest comer of that certain tract of land conveyed by deed from Margaret G. Porter, Trustee, to South Stemmons Property Group, Ltd. Recorded in Volume 5212, Page 3236, Real Property Records, Denton County, Texas; THENCE along the arc of a curve to the right having a central angle of 060 07' 20", a radius of 5583.58 feet, an arc length of 596.61 feet, whose chord bears N 11' 19' 37" W, 596.33 feet with said east line of said Interstate Highway to an iron rod set for comer; THENCE S 890 35' 49" E, 253.25 feet to an iron rod set for corner in the west line of Lot 4, Block G of Windsor Farms, Phase I, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet V, Page 761, Plat Records, Denton County, Texas; THENCE S 090 30' 35" E, 169.51 feet with said west line of said Block G to an iron rod found for corner; THENCE S 120 25' 08" E, 352.68 feet with said west line of said Block G to an iron rod found for corner in the north line of said South Stemmons Property Group tract; THENCE S 730 26' 51" W, 250.35 feet with said north line of said South Stemmons Property Group tract to the PLACE OF BEGINNING and containing 3.229 acres of land. FIELD NOTES TRACT II 3.584 ACRES BEING all that certain lot, tract or parcel of land situated in the F. Batson Survey Abstract Number 43 in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Farina Trust '92 et al to Windsor Farms Partners, L. P. recorded in Volume 5418, Page 2116, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for corner, said point being the northwest corner of Lot 2, Block G of Windsor Farms, Phase I, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet V, Page 761, Plat Records, Denton County, Texas; THENCE S 100 18' 35" E, 117.77 feet with the west line of said Block G to an iron rod found for corner; THENCE S 090 30' 35" E, 9.52 feet with said west line of said Block G to an iron rod set for corner; THENCE N 890 35' 49" W, 253.25 feet to an iron rod set for corner in the east line of Interstate Highway Number 35, a public roadway having a variable width right-of-way; THENCE along the arc of a curve to the right having a central angle of 040 45' 04", a radius of 5583.58 feet, an arc length of 463.01 feet, whose chord bears N 050 53' 25" W, 462.88 feet with said east line of said Interstate Highway to an iron rod set for corner at a right-of-way flare; THENCE N 430 41' 34" E, 41.02 feet with said right-of-way flare to an iron rod set for corner in the south line of Windsor Drive, a public roadway having a right-of-way of 55.0 feet; THENCE S 89° 35' 49" E, 311.60 feet with said south line of said Windsor Drive to an iron rod found for corner at a corner clip; THENCE S 440 55' 36" E, 21.19 feet with said corner clip to an iron rod found for comer in the west line of Bray Village Drive, a public roadway having a right-of-way of 50.0 feet; THENCE S 000 25' 55" W, 187.54 feet with said west line of said Bray Village Drive to an iron rod found corner; THENCE along the arc of a curve to the left having a central angle of 120 12' 44", a radius of 300.00 feet, an are length of 63.94 feet, whose chord bears S 050 40' 08" E, 63.82 feet with said west line of said Bray Village Drive to an iron rod found for corner; THENCE S 110 49' 22" E, 89.61 feet with said west line of said Bray Village Drive to an iron rod found corner, said point being the most easterly northeast comer of said Lot 2, Block G of said Windsor Farms, Phase I; THENCE N 560 39' 41" W, 13.99 feet with the north line of said Lot 2 to an iron rod found corner, said point being the most northerly northeast comer of said Lot 2; THENCE S 780 15' 41" W, 90.25 feet with said north line of said Lot 2 to the PLACE OF BEGINNING and containing 3.584 acres of land.