2014-343•'l � • � � �
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A
REZONING FROM A NEIGHBORHOOD RESIDENTIAL 3(NR-3) ZONING
DISTRICT AND USE CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL 6
(NR-6) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY
16.03 ACRES OF LAND GENERALLY LOCATED NORTH OF EAST UNIVERSITY
DRIVE AND SOUTH OF FOXCROFT CIRCLE, BETWEEN NOTTINGHAM DRIVE
AND OLD NORTH ROAD; AND PROVIDING FOR A PENALTY 1N THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z14-0015)
WHEREAS, Y Street Ventures has applied for a zoning change on approximately
16.03 acres of land legally described in Exhibit 66A9Sy attached hereto and incorporated
herein by reference (hereinafter, the "Property99) from a Neighborhood Residential 3(NR-
3) zoning district and use classification to a Neighborhood Residential 6(NR-6) zoning
district and use classification; and
WHEREAS, on September 10, 2014, the Planning and Zoning Commission
conducted a public hearing as required by law, and recommended approval (6-1) of the
change in zoning district and use classification with conditions; and
WHEREAS, on October 7, 2014, the City Council conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and
procedural standards set for in Section 35.3.4 of the Denton Development Code, and is
consistent with the Denton Plan and the Denton Development Code; NOW
T17Edti:.i' oi�1:y
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
� _ION ,1. The findings and recitations contained in the preamble of this
SECT
ordinance are incorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classiiication for the Property is hereby
changed from Neighborhaod Residential3 (NR-3) to Neighborhood Residential6 (NR-6)
with the follawing conditions:
1. 1. Single-family attached dwellings shall not be a permitted use.
2. 2. Duplexes shall not be a permitted use.
Notwithstanding the attached real property description, the property being re-designated
includes all property to the centerline of all adjacent street rights-of-way.
SECTION 3. The City's official zoning map is amended to show the change in
the zoning district and use classification.
�v� w ONmm4. If any provision of this ordinance or the application thereof to any
SECTI
person or circumstance is held invalid by any court, such invalidity shall not affect the
validity of the 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 ,�"�" ���`` ��a of 2014.
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�:"1-#��S �� �""1�a, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY � �'�,��� �—� ��� �...�...� .����� ��.,�°'��:.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Exhibit A
Legal Description
. ,:
COUNTY OFDENTON
BEING a tract of land situated in the Wesley Pogue Survey, Abstract No. 1012, City of Denton,
Denton County, Texas, and being all of a called 15.413 acre tract of land, conveyed to Valerie
Doty, as evidenced in a Warranty Deed with Vendor's Lien, recorded in Document No. 96-
R0033174 of the Deed Records of Denton County, Texas, and being more particularly described
by metes and bounds as follows:
BEGINNING at the northwest corner of Lot 9, Block A of Old North Park, an Addition to the City of
Denton, according to the Final Plat thereof recorded in Cabinet V, Page 873 of the Plat Records
of Denton County, Texas, same also being on the south line of Block F of Northwood Subdivision
Installment No. 2, an Addition to the City of Denton, according to the Final Plat thereof recorded
in Cabinet A, Page 94 of the Plat Records of Denton County; Texas;
THENCE South 01 °46'21" West, departing the south line of said Northwood Subdivision
Installment No. 2 and along the west line of said Old North Park, a distance of 409.56 feet to the
southwest corner of Lot 10, Block C of said Old North Park, same being on the north line of Lot 2
of Thompson Addition Section Two, an Addition to the City of Denton, according to the Final Plat
thereof recorded in Cabinet C, Page 263 of the Plat Records of Denton County, Texas;
THENCE North 88°28'42" West, along the north line of said Lot 2, the north line of a called 14.22
acre tract, conveyed to Ralph L. Mason, Trust, as evidenced in a Warranty Deed, recorded in
Volume 5036, Page 3823 of the Deed Records of Denton County, Texas, the north line of a
called 1.88 acre tract, conveyed to Ralph L. Mason, Trust, as evidenced in a Cash Warranty
Deed, recorded in Volume 5040, Page 1273 of the Deed Records of Denton County, Texas, the
north line of a called 3 acre tract, conveyed to the Board of American Missions of the Lutheran
Church in America, as evidenced in a Warranty Deed, recorded in Volume 656, Page 396 of the
Deed Records of Denton County, Texas and the north line of a called 0.205 acre tract of land,
conveyed to Christ the Servant Lutheran Church, as evidenced in a Deed without Warranty,
recorded in Volume 4740, Page 906 of the Deed Records of Denton County, Texas, a distance of
1,697.41 feet to the northwest corner of said 0.205 acre tract and the southwest corner of
aforesaid 15.413 acre tract, same being on the east line of Block J of Nottingham Woods, an
Addition to the City of Denton, according to the Final Plat thereof recorded in Volume 2, Page
118 of the Plat Records of Denton County, Texas;
THENCE North 01 °07'00" East, along the west line of said 15.413 acre tract and the east line of
said Block J, a distance of 409.91 feet to the northwest corner of said 15.413 acre tract, same
being the southwest corner of Lot 4, Block E of aforesaid Northwood Subdivision Installment No.
2; THENCE South 88°28'00" East, along the south line of said Northwood Subdivision Installment
No. 2, a distance of 1,702.10 feet to the POINT OF BEGINNING and containing 15.99 acres of
land, more or less. Bearings based upon the south line of Northwood Subdivision Installment No.
2, an Addition to the City of Denton, according to the Final Plat thereof recorded in Cabinet A,
Page 94 of the Plat Records of Denton County, Texas, said bearing being South 88°28'00" East.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the
ground
survey, and is not to be used to convey or establish interests in real property except those rights
and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.