2015-367ORDINANCE NO. 2015 -367
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A CHANGE IN THE
ZONING CLASSIFICATION FROM A NEIGHBORHOOD RESIDENTIAL MIXED USE
(NRMU) ZONING DISTRICT AND USE CLASSIFICATION TO A NEIGHBORHOOD
RESIDENTIAL 4 (NR -4) ZONING DISTRICT AND USE CLASSIFICATION ON
APPROXIMATELY 20.0 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE
OF EAST MCKINNEY STREET (FM 426), APPROXIMATELY 2,330 FEET EAST OF ORR
ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN
AMENDMENT TO THE CITY'S OFFICIAL 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 -0024)
WHEREAS, Rodney Zielke of ZPS Consulting Engineers has applied for a zoning change
on approximately 20.0 acres of land legally described in Exhibit "A ", attached hereto and
incorporated herein by reference (hereinafter, the "Property ") from a NRMU zoning district and
use classification to a NR -4 zoning district and use classification; and
WHEREAS, on October 7, 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 November 17, 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
from NRMU to NR -4.
SECTION 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.
PASSf`J) AND AII1'I OVJ�'T) this the 7 _ day of ° .% ��-7 201,5.
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CHRIS 4-11S „ MA R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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Exhibit A
Legal Description
BEING 20.000 acres of land located in the Gideon Walker Survey, Abstract No. 1330, Denton
County, Texas, being a portion of the tract of land described in the deed to Tarrant Acquisition,
LTD., a Texas limited partnership, recorded in County Clerks, Document No. 2006 - 79091, Deed
Records, Denton County, Texas. Said 20.00 acres of land being more particularly described as
follows:
BEGINNING at the Northeast corner of said Tarrant Acquisition tract;
THENCE SO °41'23 "W, a distance of 498.86 feet along the East line of said Tarrant Acquisition
tract to a point;
THENCE N88 018'37 "W, a distance of 911.74 feet to a point in the West line of said Tarrant
Acquisition tract;
THENCE NO1026'25"E, a distance of 1,447.95 feet along said West line to the Northwest corner
of said Tarrant Acquisition tract;
THENCE along the Northerly line of said Tarrant Acquisition tract as follows:
1. S41 °00'31 "E, a distance of 1,061.85 feet to a point;
2. Southeasterly, 260.71 feet along a non tangent curve to the left, having a radius of 1,087.00 feet,
a central angle of 13 °44'32" and a chord bearing S47 °52'31 "E, 260.09 feet to the POINT OF
BEGINNING, containing 20.000 acres of land.