HomeMy WebLinkAbout2006-287ORDINANCE NO. M06-7 f%
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF 16.004 ACRES FROM NEIGHBORHOOD RESIDENTIAL MIXED USE
(NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
NEIGHBORHOOD RESIDENTIAL 4 (NR-4) GENERALLY FRONTING 1323 FEET ON
THE SOUTH SIDE OF EAST MCKINNEY STREET (F.M. 426) BEGINNING AT THE CITY
LIMIT LINE OF THE CITY OF DENTON SOUTHEAST OF THE INTERSECTION OF EAST
MCKINNEY STREET (F.M. 426) AND TRINITY ROAD AND LEGALLY DESCRIBED AS
BEING A TRACT OF LAND SITUATED IN THE G. WALKER SURVEY, ABSTRACT NO.
1300 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS BEING A PART OF A
160.441 ACRE TRACT, AS DESCRIBED IN VOLUME 607, PAGE 616 OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS AND FURTHER DESCRIBED IN EXHIBIT
"A"; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z06-0022)
WHEREAS, Allen and Ridinger Consulting, Inc. representing the owner, Ken Newell,
initiated a change in zoning for approximately 16.004 acres of land particularly described in
Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "property") from
Neighborhood Residential Mixed Use (NRMU) to Neighborhood Residential 4 (NR-4) zoning
districts and use designations; and
WHEREAS, on August 23, 2006,; 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 the change in zoning is consistent with the
Comprehensive Plan; 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. '
SECTION 2. The zoning district classifications and uses designations of the Property is
hereby changed from Neighborhood Residential Mixed Use (NRMU) zoning district
classification and use designation to Neighborhood Residential 4 (NR-4) zoning districts and use
designations.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
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. That 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 P, � day of �aZf eln beK 2006.
RR . MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
t;
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
EXHIBIT "A"
LEGAL DESCRIPTION
BEING, a tract of land situated in the G. Walker Survey, Abstract No. 1300 in the City of
Denton, Texas, Denton County, Texas being part of a 160.441 acre tract, as described in Volume
607, Page 616 the Deed Records of Denton County, Texas, being more particularly described as
follows:
BEGINNING, at the northeast corner of said 160.441 acre tract in the south line of F.M. 426;
THENCE, South 03' 56'40" West, departing said east line of the 160.441 acre tract, for a
distance of 500.00 feet, to a '/z inch iron rod set;
THENCE, North 630 24'53" West, departing said east line, for a distance of 989.10 feet to a %z
inch iron rod set;
THENCE, North 03' 40'45" East, for a distance of 1070.00 feet, to a''/z inch iron rod set in north
line of said 160.441 acre and the south line of said F.M. 426;
THENCE, South 380 41' 10" East, along said north and south lines, for a distance of 1061.85
feet, to a '/2 inch iron rod set at the point of curvature of a curve to the left, having a radius of
1087.00 feet, a central angle of 13' 47'56", and a tangent of 131.53 feet;
THENCE, continuing along said north and south lines and with said curve to the left for an arc
distance of 261.79 feet (Chord Bearing South 45' 35'06" East — 261.16 feet), to the POINT OF
BEGINNING and containing 16.004 acres of land.
0 A Q 1 1)
ZONING PECAN PARK.
EXHIBIT DENTON,TEXAS