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Home My WebLink About2004-199ORDINANCE NO. ; "I ` -f%GI AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.56 ACRE OF LAND LOCATED GENERALLY SOUTH OF MCKINNEY STREET AND APPROXIMATELY 900 FEET WEST OF LOOP 288 AND LEGALLY DESCRIBED AS A PORTION OF TRACT 66 OF THE M. YOACHUM SURVEY 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. (Z04-0019) WHEREAS, Mitchell Planning Group, L.L.C. has applied for a change in zoning for approximately 0.56 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation; and WHEREAS, on June 23, 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 zoning district classification and use designation of the Property is hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. 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 5. 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 Cityof Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the OZ mday of & , 2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY c // BY: �K PAGE 2 Exhibit A SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have, this date, made a careful and accurate survey on the ground of the following described property: SURVEY PLAT TO ALL PARTIES INTERESTED IN PREMISES SURVEYED This is to certify that I have, this date, made a careful and accurate survey on the ground of the following described property: BEING all that certain lot, tract or parcel of land situated in the M. Yocchum Survey, Abstract No. 1442, in the City of Denton, Denton County, Texas, and being part of the 64.584 acre property described in Tract 1 conveyed to Landy Mulkey by deed recorded in County Clerks File Number 97—ROO29O89 of the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set for corner in the South right of way line of McKinney Street (Farm Market No. 426. variable width right of way), called 40 feet from the centerline at this point, some being the North line of said Landy Mulkey 54.584 acre tract, which is North EIT 20' 27" West at a distance of 351.58 feet from its Northeast corner, some now being the Northeast corner of Lot 1 in Block A of the Putt —Putt Golf Addition, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet "H" at Slide 147 of the Plat Records of Denton County, Texas, said point of beginning also being the Northwest corner of Knollwood Villas, an addition to the City of Denton County, Texas, according to the plat thereof recorded in Cabinet "U" at Slide 902 of the plat Records of Denton County, Texas; THENCE South 07' 40' 01" West (Basis of Bearings per plat recorded in Cabinet "U" at Slide 902 of the Plat Records of Denton County, Texas) and departing the South right of way line of said McKinney Street , and passing at a distance of 19.57 feet the Northwest corner of Lot 2 in Block A of said Knollwood Villas, and continuing along the West line of said Lot 2 in Block A of Knollwood Villas for a total distance of 167.57 feet to a 5/" iron rod set for corner; THENCE North 82' 20' 27" West and departing the West line of said Lot 2 for a distance of 145.00 feet to a 5/8" iron rod set for corner; THENCE North 07' 40' 02" East for a distance of 167.57 feet to an "X" set in concrete for corner in the South right of way line of said McKinney Street, said point also being South 82' 20' 27" East at a distance of 200.18 feet from the Northwest corner of said Landy Mulkey 64.584 acre tract; THENCE South 82' 20' 27" East along the South line of said McKinney Street and the North line of said Landy Mulkey 64.584 acre tract for a distance of 145.00 feet to the POINT OF BEGINNING AND CONTAINING 0.5578 ACRES OF LAND, more or less. FLOOD NOTE According to the Federal Emergency Management Agency — Federal Insurance Administration — National Flood Insurance Program — Flood Insurance Rate Map — F.I.R.M. — for the City of Denton, Denton County, Texas — Community Panel No. 48121CO38O E, effective date April 02, 1997: the property shown hereon does not lie within an area of 100—year flood. CERTIFICATION The plat hereon is a true, correct and accurate representation of the property as determined by survey, made on the ground, this date, subject to any and all easements, reservations or restrictions that may by of record, the lines and dimensions of said property being as indicated by the plot; the size, location and type of buildings and improvements are as shown, all improvements being within the boundaries of the property, set back from the property lines the distances indicated and that the distance from the nearest intersecting street or road is as shown on said plat. There are no encroachments, conflicts or protrusions, except as shown. PRELIMINARY: MAY 27, 2004 --------------------------------- David Petree, RPLS Registered Professional Land Surveyor No. 1890