HomeMy WebLinkAbout2005-008ORDINANCE NO. , 005- ,)O O
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
14.60 ACRES OF LAND GENERALLY WRAPPING AROUND THE NORTHWEST CORNER
OF WINDSOR STREET AND WESTGATE DRIVE IN THE F. BATSON SURVEY, ABSTRACT
NO. 43 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z04-0044)
WHEREAS, Allison Engineering has applied for a change in zoning for two tracts of land
containing approximately 14.60 acres of land particularly described in Exhibit "A" attached hereto
and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 2 (NR-2)
zoning district classification and use designation to Neighborhood Residential 4 (NR-4) zoning
district classification and use designation; and
WHEREAS, on December 1, 2004, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change 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 classification and use designation of the Property is hereby
changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation
to Neighborhood Residential 4 (NR-4) zoning district classification and use.
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 4. 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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
MW
PAGE 2
g297 of leg
ff
Sxxae:T "n"
priMlf e�'hot Ztein %, }roof qr erot of fang, el Ied In
ihs a s4n vey s`rae`` !Yu bar' 'of
, t flea �Y ons county.
of D.nten Tarroe, bahaa a art aI t aerie teat of farad
conveyed by dead Irani A ohle C. dyne to oorr��pp1 Joan Payne Goeda
and Rahand Edward Payne recorded h Volame 739d, pope 217, Real
,Property Records Denton County, Texas, and bethg more
portloularly described as ladows.,
BEGWNING of an iron rd !o for corner 7n Westgate Drive, a
pubdo roadway, cold one b the northeast corner of (hot
eertoln ((coded) S.tt916 acre trod! o! l�amp eonvVwd by deed from
Arahte C. PoynB to Caro! Jean Po Coeds and Roland. Edward
Payne recorded to VoMne tot•, Peg 106, Mat Property Mcards,
Donion•County, rexadl
FHMCE N 07' 34' 36' W, 534.00 feet with the north line of sold
5.9986 acre .treat to on iron rod found for corner. sold point
being the northwest corner of sold 5,9986 oora treat -
THENCE S 02' 10' Me E, 010.27 loot with the west 11ne of sold
5.9986 acre troct to on iron rod found for corner, sold point
being the .northeast corner of'lhoi certain (real of hand
oanveysd by ds¢qd from Cork J. ire hto, Jr. to Farina Family
TrvaE raaorded in Vahrme J163. Page 928. Real Property Records,
Denton County, fexos;
THENCE N S7. 27' $4' W, 570.00 feet with the north fine of said
f orloo Fim"lty Tract treat la on from rod sat for corner,
1'HENot: N 02' J2' 080 E. 782:50 feet to on from rod set far
corner,
FHMC S 87' N' J6' C. t069,20foot to on Iron rod stit far
corner in sofd_tt+estgate Drive,
THENCE S 01 56' 10' W .275,60 feat with sold Westgate Drive to
the PLACE OF 8E'GtNNNO and contohing IJ099 acres of land,
7xxterr A
BEING all that certain, tat, tract or parcel of land situated in the F. Belson Survey
Abstract Number 43 In the City of Denton. Canton County, Taxes, being a part
that certain tract of lend conveyed by deed from Archie C. Payne to Carat Jean
Payne Goods and Boland Edward Payne recorded in Volume 2603. Pape 217,
Asir Properly Records Denton County, Taxes, and being nar4 particularly
described se fallouts; 7
COMMENCING of an iron rod found comer for comer in the north tine of Payne
Drive, a publ{o roadway and in the north line of that certain treat of Ind
conveyed by dead from Carlo J. Farina, Jr, to Farine Famliy Trust recorded in
Volume 3103, Page 820. Real Property Records Denton County, Texas, sold
ffrromtArohle 0. Pthe ayne southwest
o{lran Payne Gooc a and Roland Edward of that *Min Imet of land conveyed Payned
recorded In Volume 1614, Page 108. Real Property Retards Denton County,
Texas;
THENCE N 87' 27' 54~ W, 570.00 fast with sold north tine of said Farina treat to
an iron rod found for PLACE OF BEGINNING:
THENCE N 87. 27' 54" W, $5.00 feet with laid north Ana of said Farine tract to
an Iron rod set for corner,
THENCE N 02' 32' W E, $02.40 feet to an Iron red set for comer;
THENCH 8 at" 34' 36" E. 11114.00 feet to an Iron rod net for comer In Westgate
Drive, a public roadway;
THENCE S 01.66' I0" W, 20.00 test with said Westgate drive to an Iron rod set {.
for comer,
THENCE N 67' 34' 36" W, 1039.20 teat to an from rod set for corner•.
THENCE 6 026 32' 06" W, 782.50 feet to the PLACE OF SEGINNIN42 and
containing 1.409 acres of lend.