2015-215sAlegal \our documents \ordinances \15\z15 -0012 ordinance.docx
ORDINANCE NO. 2,015-21-5 ...................
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING AN INITIAL
ZONING DISTRICT AND USE CLASSIFICATION OF NEIGHBORHOOD RESIDENTIAL 1
(NR -1) ON APPROXIMATELY 4.495 ACRES OF LAND GENERALLY LOCATED ON THE
EAST SIDE OF SOUTH TRINITY ROAD AND APPROXIMATELY 1,300 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 -0012)
WHEREAS, Martha Storrie, property owner, has applied for an initial zoning district and
use classification of Neighborhood Residential 1 (NR -1) on approximately 4.495 acres of land
legally described in Exhibit "A ", attached hereto and incorporated herein by reference
(hereinafter, the "Property "); and
WHEREAS, on June 17, 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 July 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; and
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 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 �1 day of 2015 �� ' �w... ,
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:__ W4 LL
AP PR ELF A kS'l "0 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY-
4,�
Exhibit A
Legal Description
BEING all that certain tract of land situated in the M. Forrest Survey, Abstract Number 417, in
the City and County of Denton, Texas and being a resurvey of the called 4.5018 acre tract
described in the deed from Kimberly East to M.L. Roland, et ux, recorded under Clerks File
Number 95- R0042069 of the Real Property Record of Denton County, Texas; the subject tract
being more particularly described as follows:
BEGINNING for the Northeast corner of the tract being described here in at a x -tire fence corner
post for the Northeast corner of said Roland tract;
THENCE South 03 degrees 35 minutes 21 seconds West with the East line thereof, generally
along a fence a distance of 352.08 feet to a 5/8 inch iron rod for the Southeast corner of said
Roland tract, same being the Northeast corner of a call 1.000 acre tract described in the deed to
Sue Shimer recorded in volume 2586, Page 48, Real Property Records;
THENCE North 86 degrees 29 minutes 43 seconds West with the South line of said Roland tract
and the North line of said 1.000 acres, generally along a fence a distance of 178.58 feet to a nail
set in a willow tree at the edge of a small lake at an angle point in the south line of said Roland
tract;
THENCE North 74 degrees 04 minutes 09 seconds West with the South line of said Roland tract
in said small lake distance of 447.97 feet to the Southwest corner of said Roland tract;
THENCE North 03 degrees 38 minutes 44 seconds East with the West line thereof, leaving said
lake a distance of 255.70 feet to a capped iron rod set for the Northwest corner of said Roland
tract at the Northeast corner of that certain 25 foot Ingree- Egress easement described in said
Roland Deed;
THENCE South 85 degrees 29 minutes 40 seconds East with the North line of said Roland tract,
generally along a fence a distance of 615.84 feet to the PLACE OF BEGINNING and enclosing
4.495 acres of land, more or less.