HomeMy WebLinkAbout2007-202sour do umenB\ordinances\07\z07-0016.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD MIXED USE (NRMU)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY
CONTAINING ADDITIONAL RESTRICTIONS AS NOTED; THE AREA FOR ZONING
CHANGE ENCOMPASSES 3.071 ACRES OF LAND LOCATED AT THE SOUTHWEST
CORNER OF KINGS ROW STREET AND LOOP 288, AND IS LEGALLY DESCRIBED AS
TRACT 9 OF THE D. CULP SURVEY, ABSTRACT NUMBER 287, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
(Z07-0016)
WHEREAS, I.K. Kim. Trustee, has applied for a change in zoning for approximately 3.071
acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference
(hereinafter the "Property"), from a Neighborhood Residential 2 (NR-2) zoning district classification
and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification
and use designation; and
WHEREAS, on July 25, 2007 the Planning and Zoning Commission recommended
approval of the requested change in zoning subject to the conditions outlined in Sections 3 and 4;
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 the Property is hereby
changed from Neighborhood Residential 2 (NR-2) to Neighborhood Residential Mixed Use
(NRMU), with an overlay further restricting allowed uses as set forth in Section 3 and Section 4 of
this ordinance. Notwithstanding the attached real property description, the property being rezoned
includes all property to the centerline of all adjacent street rights -of -way.
SECTION 3. Multi -Family Dwellings, as defined by the Denton Development Code, are
prohibited on the Property.
SECTION 4. Access to the Property must be provided from the adjacent southern property
before any development activities occur on the subject property as described in Exhibit B.
SECTION 5. The City's official land use map is amended to show the change in the land use
designation.
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SECTION 6. 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 7. 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 8. 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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the /e—`day of , 2007.
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
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EXHIBIT A
LEGAL DESCRIPTION
FIELD NOTES to all that certain tract of land situated in the David Culp Survey Abstract Number
287 in the City and County of Denton. Texas and being all of the called 3.070 acre Tract 1
described in the deed from Thomas E. Brosseau, Trustee to I.K. Kim Trustee recorded in Volume
4315 Page 1405 of the Real Property Records of Denton County; Texas as recognized and
occupied on the ground-, the Subject tract being more particularly described as follows,
BEGINNING for the Southeast comer of the tract being described herein at a capped iron rod
found stamped 'cartedburgeSS" for the Southeast corner of said Tract 'I on the Westerly right-of-
way line of State Highway Loop 288 at the Northeast corner of the called 11'1-64 acre tract
described in the deed to Edward F. %Nolski recorded in instrument number 2005-16351 Real
Property Records,
THENCE North 88 degrees 32 minutes 27 seconds West with the North line thereof and South
line of said Tract 'I a distance of 732.00 feet to a iron rod with a red plastic cap found for the
Southwest corner of said Tract 'I on the apparent Easterly line of Old North Road,-
THENCE North 11 degrees 34 minutes 54 seconds East with the West line of said Tract 'I along
said Road a distance of 48.60 feet to a capped iron rod set stamped °KAZ" now in the Westerly
right-of-way line of said Loop 288,
THENCE South 78 degrees 13 minutes 57 seconds East along said Loop a distance of 27.95 feet
to a concrete tex-dot right-of-way monument found-,
THENCE North 42 degrees 05 minutes 17 seconds East continuing with said Loop a distance of
356-99 feet to a concrete tex-dot right-of-way monument found for the North corner of said Tract
1:
THENCE North 87 degrees 12 minutes 43 seconds East again along said Loop a distance of
99.11 feet to a concrete tex-dot right-of-way monument found;
THENCE South 47 degrees 48 minutes 30 seconds East again along said Loop a distance of
283.81 feet to a capped iron rod set stamped °KAZ" for the beginning of a curve to the right
having a radius of :3710.00 feet and a chord %%hich bears South 46 degrees 17 minutes 09
seconds East a distance of 20213 feet;
THENCE along the arc of said curve along said Loop an arc distance of 202 '15 feet to the
PLACE OF BEGINNING and enclosing 3.071 acres of land more or less.
PAGE 3
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EXHIBIT B
160 00 0 160 Feet