2010-255sAlegal\our documents\ordinances\10\6 10-0002.doc
ORDINANCE NO.
2010-255
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL 1
(NR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON
APPROXIMATELY 40.37 ACRES OF LAND LOCATED ON THE WEST AND EAST SIDES
OF ECTOR STREET, BETWEEN EMERY STREET TO THE NORTH AND SENA STREET
TO THE SOUTH; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE
(SI10-0002).
WHEREAS, the City of Denton, has applied for a change in zoning for approximately
40.37 acres of land legally described in Exhibit "A", attached hereto and incorporated herein by
reference (hereinafter, the "Property"), from a Neighborhood Residential 3 (NR-3) zoning
district classification and use designation to a Neighborhood Residential 1 (NR-1) zoning district
classification and use designation; and
WHEREAS, on September 8, 2010, the Planning and Zoning Commission recommended
approval of the change in zoning; 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 3 (NR-3) to Neighborhood Residential 1 (NR-
1). 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. The City's official land use map is amended to show the change in the land
use designation.
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.
sAlegakour documents\ordinances\10\si 10-0002.doc
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 fits passage.
PASSED AND APPROVED this the '61 day of h&k~ '2010.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
sA1cga1\our documents\ordinances\10\si10-0002.doc
EXHIBIT A
LEGAL DESCRIPTION
FIELD NOTES to all that certain tract of land situated in the City of Denton,
Denton County, Texas, and being all of Blocks 3, 4, 5, 6, 7, 8, 9, 10 and 12 of
Revised Roberts Addition, an Addition to the City of Denton, Denton County,
Texas, according to the Plat thereof, recorded in Volume 346, Page 405, of the
Deed Records of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a 1/2" iron rod found for the Southwest corner of said Block 9, in
the West line of said addition, and in the North line of Panhandle Street;
THENCE North with the West line of said addition, a distance of 2265.31 feet to a
%2" iron rod found for the Northwest corner of said Block 3, and in the South line
of Emery Street;
THENCE South 89 Degrees 41 Minutes 54 Seconds East with the South line
thereof, with the North line of said Block 3 and Block 4, passing a 1/2" iron rod
found at a distance of 688.09 feet and continuing along said course a total distance
of 690.98 feet to a point for the Northeast corner of said Block 4, and in the East
line of said addition;
THENCE South 00 Degrees 14 Minutes 40 Seconds East with the East line
thereof, passing a 1/2" iron rod found for the Northeast corner of said Block 6 at a
distance of 518.90 feet and continuing along the East line of said addition, passing
3/4" iron rod found at 2264.71 feet, and continuing along said course a total distance
of 2845.65 feet to a point for the Southeast corner of said Block 12, and in the
North line of Sena Street;
THENCE North 89 degrees 46 Minutes 02 Seconds West with the North line
thereof and the South line of said Block 12, passing a metal fence corner post at
3.71 feet, and continuing along said course a total distance of 321.39 feet to a 1/2"
iron rod found for the Southwest corner thereof, and in the East line of Ector
Street;
THENCE North 00 Degrees 03 Minutes 11 Seconds West with the East line
thereof and the West line of said Block 12, a distance of 396.59 feet to a 3/8" iron
rod found;
sAlegahour documentslordinances1101si10-0002.doe
THENCE South 88 Degrees 31 Minutes 55 Seconds East with the East line of said
Ector Street, a distance of 20.04 feet to a 3/8" iron rod found;
THENCE North 00 Degrees 11 Minutes 31 Seconds West with the East line of said
Ector Street, a distance of 184.99 feet to a 1/z" iron rod found for the Southwest
corner of said Block 10, and in the North line of said Panhandle Street;
THENCE North 89 Degrees 46 Minutes 25 Seconds West with the North line
thereof, a distance of 400.76 feet to the PLACE OF BEGINNING and containing
40.37 acres of land, more or less.
s:Uegal\our documents\ordinances\101si10-0002.doc
EXHIBIT B
LOCATION MAP