2010-115
sAlegal\our documents\ordinances\10\z10-0003 diamond t arena.doc
ORDINANCE NO. 2010-115
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 2 (NR-2) AND THE
NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATIONS TO THE RURAL RESIDENTIAL (RD-5) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, ON 40.35 ACRES, LOCATED ON THE EAST
SIDE OF F.M. 428, APPROXIMATELY 659 FEET NORTH OF LONG ROAD, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (Z10-0003)
WHEREAS, Will Travis has initiated a change in zoning for approximately 40.35 acres of
land legally described in Exhibit "A", attached hereto and incorporated herein by reference
(hereinafter, the "Property") from the Neighborhood Residential 2 (NR-2) and the Neighborhood
Residential 4 (NR-4) zoning district classification and use designations to the Rural Residential (RD-
5) zoning district classification and use designation; and
WHEREAS, on April 14, 2010, 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; and; 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 uses designations of the Property are
hereby changed from the Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-
4) zoning district classification and use designations to the Rural Residential (RD-5) zoning district
classification and use designation.
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. 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 , 2010.
RK`BUR~IZOUG MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
B -
3
Exhibit A
PROPERTY DESCRIPTION
BEGINNING at a 1J2 utch iron rod found for corner inihe Easterly-ROW line of F.M. Road 428'(a
100' ROW); said iron-rod being at-the Southwest corner of said of"the Diamond T Arena Property;
THENCE: North 31 degrees 39-minutes 01 seconds East, along the-East_Right of Way Line of F.M..
Road 428, at, a distance of 3;859.08 feet to a 1/2 inch iron rod found for corner at the Northwest.
corner of Property;
THENCE: South 89 degrees 03 minutes 03 seconds East, along northern property line, at a. distance,
of 529.17 feet to an approximate location of the Northeast corner of the property Zoned NR-2;
THENCE: South 31 degrees39'minutes.0.1 seconds'Vest, along the eastern limits of the-area Zoned
NR-2 & NR-4, at a distance of 3;867.51. feet to an approximate location on the southern property
line and said Southeast corner of the NR-2 & NR4 zoning;
THENCE: North 88 degrees 15 minutes 35 seconds West, along southern property line, at a.
distance-of 524.91 feet tothe place of beginning and containing 40.35. acres ofaand;
Exhibit B
LOCATION MAP
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