2016-126S:\Legal\Our pocuments\Ordinances\16�Z16-0001 Ordinance.docx
oxDnvaNCE No. 2016-126
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A REZONING FROM
A NEIGHBORHOOD RESIDENTIAL 2(NR-2) ZONING DISTRICT AND USE
CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT AND USE CLASSIFICIATION ON AN APPROXIMATELY 6.262 ACRE
PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF NORTH
BONNIE BRAE STREET AND WEST WINDSOR DRIVE, 1N 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. (Z16-0001)
WHEREAS, Greg Edwards, on behalf of the property owner, North Locust Properties, has
applied for a zoning change for an approximately 6.262 acres property legally described in Exhibit
"A" and illustrated in Exhibit "B", attached hereto and incorporated herein by reference
(hereinafter, the "Property") from an NR-2 zoning district and use classification to an NRMU
zoning district and use classification; and
WHEREAS, on March 9, 2016, 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 5, 2016, 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 district 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 ORDAlNS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTIONmm2, The zoning district and use classification for the Property is hereby changed
from NR-2 to NRMU.
SECTIONww3. The City's official zoning map is hereby amended to show the change in the
zoning district and Wuse 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 7w. 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 � day of ^�� ��.„,,:�_, 2016. �
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CHRIS �l'� I`��� �,�"�(���I:�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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�C'�^�� I?��:.� AS 'I"`�� LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT A
Being all that certain lot, tract or parcel of land situated in the F. Batson
Survey, Abstract Number 43 in the City of Denton, Denton County, Texas,
being a part of that certain tract of iand conveyed by Deed from. Flrst
Apostiolfc Jesus Name Church of Denton to Cornerstone Pentecostal
Church, Inc. and being more particularly described as follows:
�e�inning at an iron rod found for corner Windaor DNve� a public roadway�
having a proposed right-of-way of 110.0 fest, said polnt being the southeast
corner of that certain tract of land conveyed by Deed from John Llnn Smith
and Dillon Francis Smith to Billy D. Harvey recorded in Volume 593, Page
33, Deed Records� Denton County, Texas;
Thence North� pass at 55.0 feet an iron rod found for proposed north line of
said Windsor Drive� a total distance of 605.25 feet with the east line of said
Harvey tract to an iron rod set for corner� said point being the southwest
corner of the remnant of that certain tract of land convoeyed by deed from
City Gate Ministries� Inc. to First Apostolic Jesus Name Church of Denton
recorded in Volume 4405, Page 1498, Real Property Records, Denton
County� Texas;
Thence N 89° 48' 29" E, pass at 397.58 feet an iron �c��N' ��t �'�� ��,���,,���,�,�
west Ifne of Bonnie Brae� a public roadway having ��r������p �����e,��.��y
of 110.0 feet, a total distance of 452.59 feet with th� ����t� ����� �� �„,��� ���t
Apostolic Jesus Name Church of Denton tract to a p.k. nail set for corner in
sald Bonnie Brae, said point being the southeast corner of said remnant of
said First Apostolic Jesus Name Church of Denton tract;
Thence S 00° 22' 01" W� 605.28 feet with said Bo�nie Brae to a p.k. nail set
for corner, in said Windsor Drive;
Thence S 89° 48' 31" W, 448.71 feet with said Windsor Drive to the Place of
Beginnine and containing 6.262 acres of land.
EXHIBIT B