2015-123sAlegal \our documents \ordinances \15\z15- 0001.docx
ORDINANCE NO. 2015-123
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING CLASSIFICATION FROM A RURAL RESIDENTIAL (RD -5X) ZONING
DISTRICT AND USE CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL 1 (NR -1)
ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 2.397 ACRES
OF LAND GENERALLY LOCATED THE EAST SIDE OF CUNNINGHAM ROAD AND
APPROXIMATELY 1300 FEET NORTH OF MILLS ROAD, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL
ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE. (Z15 -0001)
WHEREAS, Kerby Thompson, property owner, has applied for a zoning change on
approximately 2.397 acres of land legally described in Exhibit "A ", attached hereto and
incorporated herein by reference (hereinafter, the "Property ") from a Rural Residential (RD -5X)
zoning district and use classification to a Neighborhood Residential 1 (NR -1) zoning district and
use classification; and
WHEREAS, on March 25, 2015, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and
otherwise, and have held due hearings and afforded full and fair hearings to all property owners
interested in this regard, and have recommended approval (7 -0) of the change in zoning district
and use classification; and
WHEREAS, on April 21, 2015, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is
consistent with the Denton Plan and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property ,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; 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 and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby
changed from Rural Residential (RD -5X) to Neighborhood Residential 1 (NR -1).
SECTION 3. The City's official zoning map is hereby amended to show the change in
the zoning district and use 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 the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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 ,2_1 day of �;i 2015.
WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: � 4 . 'l.1 [ .,JN
Exhibit A
Legal Description
STATE OF TEXAS
COUNTY OF DENTON
BEING all that certain lot, tract or parcel of land situated in the Morreau Forest Survey Abstract
Number 417 in Denton County, Texas, being a part of that certain tract of land conveyed by deed
from Marilyn Moragne to James Meyer recorded in Volume 4920, Page 3022, Real Property
Records, Denton County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for corner in the east line of Cunningham Road, a public
roadway having a right -of -way of 60.0 feet, said point being N 870 27.05. E., 30.0 feet east of the
northwest corner of that certain tract of land conveyed by deed from Michael A. Carr and wife,
Nicole N. Carr to Sheila Morgan recorded under Document Number 2005- 74878, Real Property
Records, Denton County, Texas;
THENCE N 02027.77.W, 152.04 feet with said east line of said road to an iron rod found for
corner, said point being N 870 31.42.E, 30.0 feet from the southwest corner of that certain tract of
land conveyed by deed from Kenneth Corley and Nettie Corley to Lindo H. Wilson and Wanda
L. Wilson recorded in Volume 1027, Page 187 Deed Records, Denton County, Texas;
THENCE N 87031.42.E, 688.08 feet with the south line of said Wilson tract to an iron rod found
for corner in the west line of that certain tract of land conveyed by deed from Susie May Mills to
Robert M. Mills recorded in Volume 1089, Page 535, Deed Records, Denton County, Texas;
THENCE S 02054.45.E, 151.12 feet with said west line of said Mills tract and with the west line
of that certain tract of land conveyed by deed from Susie May Mills to Billy W. Mills recorded
in Volume 1089, Page 667, Deed Records, Denton County, Texas to an iron rod found for
corner, said point being the northeast corner of said Morgan tract;
THENCE S 87027.05.W, 689.29 feet with north line of said Morgan tract to the PLACE OF
BEGINNING and containing 2.397 acres of land, more or less.