2014-059sAlegal \our documents \ordinances \14\zl3 -0012 berry addition ord -al edits.doc
ORDINANCE NO. 2014 -059
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN INITIAL
ZONING DESIGNATION OF NEIGHBORHOOD RESIDENTIAL 1 (NR -1) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION, ON APPROXIMATELY 1.0
ACRES, AT THE SOUTHEAST CORNER OF S. TRINITY ROAD AND LUTHA LANE,
ALSO KNOWN AS 1055 S. TRINITY 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. (Z13 -0012)
WHEREAS, Curtis Berry requested an initial zoning designation for approximately 1.0
acres of land legally described in Exhibit "A" (hereinafter the "Property "), to Neighborhood
Residential 1 (NR -1) zoning district classification and use designation; and
WHEREAS, the Property was annexed into the City of Denton as part of DH -12 (Ord.
No. 2013 -0097) in April, 2003; and
WHEREAS, newly annexed land is not zoned, however, the Property is subject to the list
of permitted uses, intensities or lot size as governed by the Rural Residential 5 (RD -5) zoning
district, until such time as the Property is given an initial zoning designation; and
WHEREAS, at issue is the RD -5 district's five (5) acre minimum lot size requirement,
which prohibits Mr. Berry from replacing his existing mobile home with a new modular home,
because the Property is one (1) acre in size; and
WHEREAS, NR -1 has a minimum lot size requirement of 32,000 square feet, and thus an
NR -1 zoning district classification will accommodate the placement of the new modular home on
the Property; and
WHEREAS, the proposed initial NR -1 zoning district classification is compatible with
the future land use designation of the Property; and
WHEREAS, on January 22, 2014, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
and
WHEREAS, on February 18, 2014, the City Council concluded a public hearing as
required by law, and the City Council finds the change in zoning is consistent with the
Comprehensive Plan; 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 use designation of the Property is
hereby designated as Neighborhood Residential 1 (NR -1) 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. That 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 APP ROVED this the u _ day of q — . - -- _1 2014
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MARK A BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: -� x
Exhibit A
Legal Description
All that certain tract of land situated In the M. Forrest Survey Abstract Number 417, City of
Denton, Denton County, Texas and being all of the called 1 acre tract described in the deed to
Berry Rentals, LLC recorded in Document 2009 -36653 of the Real Property Records of Denton
County, Texas; the subject tract being more particularly described as follows with Bearings
based -on Texas Coordinate System of 1983 North Central Zone (4202) Based on GPS ties to
Geodetic Control:
BEGINNING for the Northwest corner of the tract being described herein at the Northwest
corner of the said 1 acre tract in Trinity Road;
THENCE South 88 Degrees 09 Minutes 30 Seconds East departing Trinity Road along a wire
fence with the North line of the 1 acres tract a distance of 300.41 feet to a 1/2 inch iron rod
found at the Northeast corner thereof and the Northerly Northwest corner Of a called 2.589
acre tract described in the deed to Jimmy F. McCormick et ux recorded in Document 2002-
115123 of the said Real Property Records;
THENCE South 00 Degrees 26 Minutes 53 Seconds West with the East line of the 1 acre tract
and the West line of the said 2.589 acre tract a distance of 144.57 feet to a 1/2 inch Iron rod
with a plastic cap stamped "4153" found at a reentrant corner thereof and the Southeast
corner of the 1 acre tract;
THENCE North 88 Degrees 19 Minutes 04 Seconds West along a wire fence with the South line
of the 1 acre tract and the North line of the 2.589 acre tract passing at a distance of 277.85 feet
a 1/2 Inch iron rod with a plastic cap stamped "4153" fund at the Westerly Northwest corner
thereof on the East line of Trinity Road and continuing along the same course with the South
line of the 1 acre tract, In all, a total distance of 300.41 feet to the Southwest corner thereof in
Trinity Road;
THENCE North 00 Degrees 27 Minutes 20 Seconds West along Trinity Road with the West line of
the 1 acre tract a distance of 145.40 feet to the PLACE OF BEGINNING and enclosing 1.00 acre
of land.
07,717- 14,77