HomeMy WebLinkAbout2002-149r
ORDINANCE NO. &OA -1 "/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED -
USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 3.1 ACRES OF LAND, COMMOMLY KNOWN AS 711 EAST SHERMAN
DRIVE, AND GENERALLY LOCATED ALONG THE WEST SIDE OF SHERMAN DRIVE
APPROXIMATELY 150 FEET WEST OF THE INTERSECTION OF LINWOOD DRIVE AND
SHERMAN DRIVE AND LEGALLY DESCRIBED AS 3.1 ACRES OF TRACT 47 OF
ABSTRACT J. CARTER SURVEY; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z002-0020)
WHEREAS, Don Frazier, on behalf of Jan Hughes, initiated a change in zoning for
approximately 3.1 acres of land from Neighborhood Residential 3 (NR-3) zoning district
classification and use designation to Neighborhood Residential Mixed -Use (NRMU) zoning district
classification and use designation; and
WHEREAS, on April 10, 2002, 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 that the change in zoning is consistent with the
Comprehensive Plan and Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the approximately 3.1
acres remaining of the 3.966 acre original tract of land, described as Abstract J. Carter Survey, Tract
47 and more particularly described in the deed to John Nichols Hughes, Victoria Nichols Whitehead,
and Clark Reed Nichols recorded in Vol. 4355, Page 1082 of the Real Property Records of Denton
County, Texas, and more particularly described in Exhibit "A", is changed from Neighborhood
Residential 3 (NR-3) 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
Page 1 of 2
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 City of Denton,
Texas, within ten (10) days of the date of its pass/agg., /1
PASSED AND APPROVED this the /) — day of %/ 2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PRO Y ATTf
BY:
C IA'j-
EULINE BROCK, MAYOR
Page 2 of 2
05/14/02 TUE 16:25 FAX 9403497707
05,114/200^_ 09:57 9404047952
CITY OF DENTON PLANNING
FRA71E R IMMERCIAL
P"GE
IM 002
0'=
MAV 14 2002
J\ L
PLANNING & DEVELOPMENT;
EXHIBIT "A"
ZONING TIESCRIPTION
3.2' ACRES
Al! that certain tract of land situated Irt %he Joseph Carer Survey, Abstract Ncanbsr 258, City of
DaMon, Denton County. Texas, and being a hart of a tract of mutt described as FiRh Tract in the
deed to Joe W. Nichols recorded In Votyme 10", Page 21% Deed Records of Donlon County.
Teems, and being more perticulerly desdnlred s* lalldvm
BEGINNING at a W Iron rod found at the Swthweor earner of the herein described tract in the
weal tine of said Fft tract a•.' the No t mce WrhPl of the Osborne Grocery Addition. an addition
in the City of Denton amp" 1ha ftl irhereh7f reCerdad ir. Cabinet D. Page 276 of the Rat
Record& of Donlan County. Tries sad give oaing In the East sne of a called 3.305 ere tract of
land described In a deed to Falrhevnn recorded in Vcl"ft 442, Page 213. Dead Records of
Denton County, Texas;
THENCE North 02 D"M a 27 Mirhutea 10 Second* East a distance of 360.00 feat to a cawate
monument found for rarnsr at the Northwast earner of said F@Ih Tract and fhs NoMeast eamar M
oeid 3.306 age tract in the Scud+ lira of Sherman Owes Addition, on addhion in the City of
Donlon according to the Plat thereof reocadod in Cabinet K Pago 110 of the Plot Records of
Denton County. Taxes . :
THENCP South 89 Degrees 16 Minuias AS Sewsis East with rho Sous+ One tnteedf a distance
of485.2.6 test to a 112 rail d Iran red set for comer at the Whaaat comer oil sold Fl th Tract
and the Na AW corner of Shermen $hall Addhlons, on addition In me City of Donlon accort6ng
to the Plat thersotr Noorded in Cabinet T. Page 20, of the Plot R000rdv of Denim Call*,
Tom;
THENCE Sough 29 Dave" ago Minutes 30 Slovi is west a dfaraloe of 217.06 task to a 12
capped iron rod eat for caner at the West earner of a tred at lend dovabod as Second Trail in
the Dead to Bigneha Ginnings recorded in Volume 1044, Pegg 295 of the Dave Record* of
Donlon County, Texas
THENCE Sadh 60 Degrees 23 MftM 13 Seconds East wph tho Southwest Ilse of said Second
Trost a distance d 9.91 feet to a point far oorhar;
THENCE SOO 29 Doyresa 44 Milan 64 Seconds West a cimme of 179.40 fast to a 1a con
rod found ier earner at a saldxd comer of said Da6ome Grocery Addiflon and the West tamer of
a tract of land described In the pond to Clerk-N:Ctats irrevocable, Trivet recorded In Volume 3140.
AW 07 of the Real Property Records of Oentoir County. Texas
THENCE North 80 Dogree►10 Minutes 16 Second& loser a distance of 312.89 feet to the PLACE
OF BEGINNING ervi edNalning 3.21 acres of land.
Thin get afield now rem file the results of an WWhs Around survey meads under my direction
and supervision on 041-08.02.
J.E. TNOMPSON It RP_L. Nq 4957 Daft
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