2011-116sAlegal\our documents\ordinances\111z11-0003.doc
ORDINANCE NO. 2011-116
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 4
(NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN
OVERLAY DISTRICT, ON APPROXIMATELY 30.442 ACRES OF LAND LOCATED
NORTH AND WEST OF CLUBHOUSE DRIVE, SOUTH OF LOON LAKE ROAD AND
EAST OF RANCH HOUSE DRIVE, WITHIN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z11-0003)
WHEREAS, Contrast Development, LLC, has applied for a change in zoning for
approximately 30.442 acres of land 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 4 (NR-4) zoning
district classification and use designation, with an overlay district; and
WHEREAS, on June 15, 2011, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the change in zoning, with a
restrictive overlay limiting a use and imposing the following condition of approval;
No duplexes shall be allowed on this property.
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 a Neighborhood Residential 3 (NR-3) zoning district classification and use
designation to a Neighborhood Residential 4 (NR-4) zoning district classification and use
designation, as further restricted by the above-recommended Overlay district. Notwithstanding
the attached real property description, the property being amended 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 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 provision of this ordinance are severable.
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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 l day of , 2011.
MARK 1- Bt~RMOUCAfS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
AP OVED S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: fill -P"-I
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EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION
30.442 ACRES
BEING A 30.442 ACRE TRACT OF LAND SITUATED !N THE BENJAMIN LEWIS SURVEY,
ABSTRACT NO, 789, AND THE JEREMIAH FISHER SURVEY, ABSTRACT NO. 421, CITY
OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF A 32.116 ACRE
TRACT OF LAND CONVEYED TO 809 B. SHELTON JR. AND WIFE JOANN SHELTON BY
DEED RECORDED IN COUNTY CLERK'S FILE NO. 2006-4055, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, SAID 30.442 ACRE TRACT, WITH REFERENCE
BEARING BEING THE MONUMENTED NORTH LINE OF SAID 32.116 ACRE TRACT, BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING AT A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACORS" SET FOR THE NORTHWEST CORNER OF SAID 32.116 ACRE TRACT, SAID
POINT BEING THE COMMON NORTHEAST CORNER OF LOT 14, BLOCK A PF SUNDOWN
RANCH, PHASE 2, AN A004TION TO THE CITY OF DENTON, AS RECORDED IN CABINET
R, PAGE 269-271, PLAT RECORDS, DENTON COUNTY, TEXAS, SAID POINT ALSO BEING
ON THE SOUTH LINE OF WIND RIVER ESTATES, PHASE VII, AN ADDITION TO THE CITY
OF DENTON, AS RECORDED IN CABINET P, PACE 151-152, PLAT RECORDS, DENTON
COUNTY, TEXAS:
THENCE, SOUTH 88 DEGREES 07 MINUTES 07 SECONDS EAST, ALONG THE NORTH
LINE OF SAID 32,116 ACRE TRACT, AND THE COMMON SOUTH LINE OF SAID WIND
RIVER ESTATES, PHASE VII, A DISTANCE OF 1881.70 FEET TO A 5/8 INCH IRON ROD
WITH A YELLOW PLASTIC CAP STAMPED 'JACOBS" SET FOR THE NORTHEAST CORNER
OF SAID 32.116 ACRE TRACT, AND THE COMMON SOUTHEAST CORNER OF LOT 11,
BLOCK L OF SAID WIND RIVER ESTATES, PHASE V11, SAID POINT BEING ON THE WEST
LINE OF A TRACT OF LAND CONVEYED TO MAC LEGACY INVESTMENTS, INC., AS
RECORDED IN COUNTY CLERK'S FILE NO. 2007-123669, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS;
THENCE, SOUTH 00 DEGREES 27 MINUTES 11 SECONDS WEST, ALONG THE EAST LINE
OF SAID 32.116 ACRE TRACT, AND THE COMMON WEST LINE OF SAID MAC LEGACY
INVESTMENTS, INC. TRACT, PASSING AT A DISTANCE OF 32.66 FEET TO A 5/8 INCH
IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
THE SOUTHEAST CORNER OF SAID MAC LEGACY INVESTMENTS INC, TRACT. AND THE
COMMON NORTHWEST CORNER OF A TRACT OF LANO CONVEYED TO WINDJAMMER,
LTD., AS RECORDED IN COUNTY CLERK'S FILE NO. 98-0093401, AND CONTINUING
ALONG THE WEST LINE OF SAID WINDJAMMER TRACT, FOR A TOTAL DISTANCE OF
568.76 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR THE SOUTHEAST CORNER OF SAID 32.116 ACRE TRACT, SAID
POINT BEING THE NORTHEAST CORNER OF LOT 10, BLOCK D. OF SUNDOWN RANCH,
PHASE 39 , AN ADDITION TO THE CITY OF DENTON, AS RECORDED IN CABINET V,
PAGE 854, PLAT RECORDS, DENTON COUNTY, TEXAS;
THENCE, ALONG THE NORTH AND WEST LINES OF SAID LOT 1 D, BLOCK D, THE
FOLLOWING COURSES AND DISTANCES:
NORTH 83 DEGREES 37 MINUTES 50 SECONDS WEST, A DISTANCE OF 271,48
FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS" SET FOR AN INTERIOR ELL CORNER OF SAID 32.116 ACRE TRACT. AND
THE COMMON NORTHWEST CORNER OF SAID LOT 10, BLOCK D;
SOUTH 06 DECREES 47 MINUTES 12 SECONDS WEST, A DISTANCE OF 153.44
FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
°JACOBS" SET FOR THE NORTHEAST CORNER OF LOT 9, BLOCK D OF SUNDOWN
RANCH, PHASE 3. AS RECORDED IN CABINET U, PAGE 768-769, PLAT RECORDS,
DENTON COUNTY, TEXAS.
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THENCE, SOUTH 89 DEGREES 59 MINUTES 41 SECONDS WEST, ALONG THE SOUTH
LINE OF SAID 32.116 ACRE TRACT, AND THE COMMON NORTH LINE OF SAID
SUNDOWN RANCH, PHASE 3, A DISTANCE OF 1612.97 FEET TO A 5/8 INCH IRON
ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUNT] FOR THE.
SOUTHWEST CORNER. OF SAID 32.116 ACRE TRACT, AND THE MOST NORTHERN
NORTHWEST CORNER OF SAID SUNDOWN RANCH, PHASE 3, SAID POINT BEING ON
'THE EAST LINE OF AFORESAID SUNDOWN RANCH, PHASE 2;
THENCE, ALONG THE WEST LINE OF SAID 32.116 ACRE TRACT, AND fHE COMMON
EAST LINE OF SAID SUNDOWN RANCH, PHASE 2, THE FOLLOWING COURSES AND
DISTANCES:
NORTH 41 DEGREES 52 MINUTES 50 SECONDS EAST, A DISTANCE OF 231.20
FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"JACOBS- SET FOR THE NORTHEAST CORNER OF LOT 1, BLOCK C OF SAID
SUNDOWN RANCH, PHASE 2, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY
LINE OF RANCH HOUSE DRIVE, (A 50 FOOT RIGHT-OF-WAY) AS RECORDED IN
CABINET R. PAGE 269-271, PLAT RECORDS, DENTON COUNTY, TEXAS;
SOUTH 88 DEGREES 07 MINUTES iD SECONDS EAST, ALONG THE SOUTH
RIGHT-OF-WAY LINE OF SAID RANCH HOUSE DRIVE, A DISTANCE OF 15.04 FEET
TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED -JACOBS-
SET FOR CORNER;
NORTH 01 DEGREES 52 MINUTES 50 SECONDS EAST, A DISTANCE OF 50.00 FEET
TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS"
SET FOR CORNER ON THE NORTH RIGHT-OF-WAY LINE OF SAID RANCH HOUSE
DRIVE;
NORTH 88 DEGREES 07 MINUTES 10 SECONDS WEST, ALONG THE NORTH
RIGHT-OF-WAY LINE OF SAID RANCH HOUSE DRIVE, A DISTANCE OF 15.00 FEE1
TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS"
SET FOR THE SOUTHEAST CORNER OF LOT 22, BLOCK A OF SAID SUNDOWN
RANCH, PHASE 2;
NORTH 01 DEGREES 52 MINUTES 50 SECONDS EAST, A DISTANCE OF 472.13
FEET TO THE POINT OF BEGINNING, AND CONTAININC 30.442 ACRES OF LAND,
MORE OR LESS.