Loading...
2013-092s:Uegallour documentslordinances1131z12-0009 spring valley estates ordinance.doc o�rNaNCE No. 2013-092 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM EMPLOYMENT CENTER INDUSTRIAL (EGI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION ON APPROXIMATELY 8.532 ACRES OF LAND LOCATED EAST OF LOOP 288 AND NORTH OF UNIVERSITY DRIVE (US 380), WITHIN THE CITY OF DENTON, DENTON COLJNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z12-0009) WHEREAS, property owners of Spring Valley Estates and City of Denton has applied for a change in zoning for approximately 8.532 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"); from Employment Center Industrial (EC-I) to a Neighborhood Residential 3(NR-3) zoning district classification and use designation; and WHEREAS, on March 6, 2013, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the change in zoning; WHEREAS, the City Council concluded a public hearing as required by law and 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 Employment Center Industrial (EC-I) zoning district classification and use designation to a Neighborhood Residential 3(NR-3) zoning district classification and use designation. Notwithstanding the attached real property description, the Property being amended includes all property to the centerline of all adj acent 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. 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 sha11 constitute a separate and distinct offense. s:Uegallour documentslordinances1131z12-0009 spring valley estates ordinance.doc SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretaxy 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 �D / , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _, APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,� BY: ,, �L-� z� '= � s:llegallour documentslordinances1131z12-0009 spring valley estates ordinance.doc EXHIBIT A LEGAL DESCRIPTION THENCE North 00 degrees 55 tninutes 45 seconds East, with the west line of said Spring Valley Drive a:nd partially with the north line of said U.S. Highwa.y No. 380, a distance of 318.08 feet to a 1/Z inch iron rod found for the southeast corner of said Morningside Drive; THENCE South 89 degrees 52 miiiutes Z2 seconds West, with the south line of said Morningside Drive, a distance of 484.39 feet to a point for corner; THENCE South OQ degrees 28 mmutes 44 seconds West, departingthe soutli line of said Morningside Drive, a ciistance of 22.07 feet to a point for corner in the east line of a remnant tract of land described by deed to Bill Lynch, as recorded in Volume 399, Page 65, D.R.D.C.T.; THENCE North 89 degrees 44 minutes 31 seconds West, with a north line of said Lynch tract, a distance of 37.66 feet to a point for corner; THENCE North 28 degrees 43 minutes 10 seconds West, continuing with a north line of said Lynch tract, a distance of 52.68 feet to a point for corner; THENCE South 89 degrees 59 minutes 44 seconds West, passing a salient corner of said Loop No. 288, continuing on said course for a total distance of 47.19 feet to a point for an inner-ell corner thereof; THENCE with the east line of said Loop No. 288, the following three (3) courses and distances: 1) North 00 degrees O l minutes 53 seconds East, passing at distances of 145.71 feet and 255.61 feet TXDOT monuinents found on line, continuing in said course for a total distance of 299.88 feet to a point for corner; 2) North 89 degrees 34 minutes 21 seconds East, a distance of 18.87 feet to a point for corner; 3) North O1 degrees 35 minutes 47 seconds East, a distance of 118.5� feet to the POINT OF BEGINNING and containing a total of 8.532 acres of land, more or less. s:Uegallour documentslordinances113�z12-0009 spring valley estates ordinance.doc FIELD NOTE DESCRIPTION: BEING a 8.532 acre tract of land situated in the W. Lloyd Suivey, Abstract No. 774, in the City of Denton, Denton County, Texas, and primarily consistiug of $prnigvalley Estates, an unrecorded subdivision in Denton County, Texas, and four tracts of land dedicated to the City of Denton for use as a public roadway comprising of Spring Valley Drive, as recarded in Volume 594, Page 393 ofthe Deed Records of Denton County, Texas (D.R.D.C.T.), Twilight Drive, Moonlight Drive, and Morningside Drive, as recorded in Volume 564, Page 470, D.R.D.C.T., and being more particularly described As follows: BEGINNING at a Texas Department of Transportation monument (TXDOT') found for the northwest corner of die herein described tract, same being in the east line of Loop No. 28$ (a variable width right-of-way), same being in the south line of a tract of land described by deed to Classic Corrugated, Inc., au Indiana corporation, as recorded in County Clerk's File No. 96- R0048260, of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being in the common line of said W. Lloyd Survey, Abstract No. 774 and the S. Williains Survey, Abst��act No. 1279; THENCE North 89 degrees 58 minutes 11 seconds East, witl� tl�e south I'uie of said Classic Corrugated, uic. tract and said S. Williams Survey, a distance of 770.88 feet to a 5/8 inch iron rod founci far the northwest coiner of a tract of laud described by deed to Joy Hem•ie, as recorded in Volume 963, Page 879, D.R.D.C.T.; TH�NCE South 00 degrees 59 minutes 17 seconds West, departing the south line of said S Williatns Survey aud with the west lnie of said Henrie tract, a distazice of 399.79 feet to a'/z inch iron rod found for corner; THENCE South 00 degrees 19 minutes 43 seconds West, continuing with the west line of said Henrie h•act, a distance of 112.68 feet to a point for the northeast conier of Lot 6, Block C of said Springvalley Estates; THENCE South 89 degraes 57 minutes 44 seconds West, with the north line of said Lot 6, a distance of 144.21 feet to a point for corner in the east line of said Spring Valley Drive; THENCE South O1 degrees 18 minutes 49 seconds West, with the east line of said Spring Va11ey Drive, a distance of 189.91 feet to a pouit for corner in the north line of U. S. Highway No. 3 80; THENCE Sottth O1 degrees 0$ minirtes 00 seconds West, continuing with fl�e east line of said Spring Valley Drive and with the north line of said U.S. Highway No. 380, a distance of 56.71 feet to a point for corner; THENCE South 88 degrees 40 miiiutes 14 seconds West, with the south line of said Spring Valley Drive and continuuig with the north line of said U.S. Highwly No. 380, a distance of 46. SO feet to a point for the southwest corner of said Spring Valley Drive; s:\legallour documentslordinances\131z12-0009 spring valley estates ordinance.doc � I �.- � EXHIBIT B SURVEY ��y� s�;,�,o. ,� �,:� _ a � � ;z � '"=°� � "��` � r..�.;• � I _ � _ _ 1� �� -, p �i � - I �� ', � ,, � , �-�. , -- �, �� �'�..� s s � � � . . - ✓ � I � ,� � �I � ; � --- ' _. ,-. _. _ _ . , — __.-__�PPW9MfDRIYE. ' _ . _ _ . I..�____f��_ I I e.,'.o°:,.. .. "" . . . k . �y� ..a.m ..�.nx� ,�S` _ ."— _ _ �' y I _ ... �„- 79.: " i I � 4 _ � � �4 . � �� L � °i �� � J � � `i s b 4 J' f � � � � I r ._ p � I � _ I „W _ . �� x k , � - � � � � , �, � . � I 53 y � ��! _' f Y u� J� � .> >1 � �� u4 I � e .� ��&caa� � .. ' i � `a . . - . ..YORMHG9�% DRfYE- - - - _ ` � o � � , ! — ' - -- ;a, z ��.��. '� �T: "-`�r�--- i j i s �� i y i I �, 1 � � .f . I -_��.� �' I 7 O I C� t I ,"`riro=� � , �+ii� � t - I � ' '� I ,�C �'�.4 .. � I I�� ' �� � r� : �d��y�o .a.�r yt�• t � 4 li � • �� ' �'4 �,V v� _-"� i � � � I� . � i i �' ' I � � ' � I � � � t � ���. � � i �� ��� � � _ _ ,.- — __._.. .� � � `\ � I.:' � { f_.� -� � �S giGHW�N��a80- -�-- ryM1Nna_ _.. . - __"_ . I l " ' . _ _' _ _ - _ _ _. _ . _- , '._ .. . _..- - I.' �,�., , _ _ - --' _� ' � 1 en� 1 ` f I � I 3 J, �� � il� � ' - I j /� w i - L. _. � �4 ,�"3""�SLY4 . �..-,1".�. ..�:7:e:�'a'� _ .:tc� r—:_.....,.. ��.r_. ��.�._.. r°�`w"�r,�)�'.�: ° �w ��....e...� rr� ._' ...�v. ...�..,,�M.,..� � � _"'"�:.e f..y '.�'i.:.' �' �.,.....�,.�.�.......i.�.�ap.m...e�-...w.,�.� ZONING GXHIDIT