Z17-0004d.) -egal\Our Documeiits\Oi-dinr.inces\19\ZI'7...0004.docx
AN ORDINANCE OF OF # AN INITIAL ZONING
CLASSIFICATIONDESIGNATION OF #' ### RESIDENTIAL •
6), WITH AN OVERLAY, ON APPROXIMATELY 118. 04 ACRES OF LAND, GENERALLY
LOCATED, NORTH OFMcKINNEY STREET AND WEST OF SOUTH TRINITY
AMOUNTROAD, 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 OF #l111 FOR VIOLATIONSPROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (Z17-0004)
WHEREAS,
- -. representing - Woodlands of McKinney, L.P., has applied
for an initial zoning designation on approximately 118.04 of land legally described in Exhibit "A",
• depicted in Exhibiti attached -'o . • incorporated herein by .-
"Property") to a Neighborhood Residential 6 (NR-6) zoning district and use classification; and
WHEREAS, on October 24, 2018, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have Oven the re�uisite notices b- - ublication and otherwisQ,=
and have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval ! of a +' - in zoning district and e
a • and
WHEREAS, on December 4, 2018, 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 sta •a • . forth in Sectionof - Denton Development ••" and is consistent
forthwith 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 NOW ' # ',
SECTI.QN1, The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
1. The maximum permitted density on the site shall be no more than four dwelling units
per gross acre.
2. Permitted land uses on the site;
a. Modular and manufactured homes; and
b, Six single family detached housing on minimum one -acre lots located along S.
Trinity Road.
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. 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.
The inot oii approvc this ordiii nce wm rnadc by _ � s ��� .�;� �.� � .,. and
seconNc l �w
y i . 4v'........Ie orlinaiwe was 1nssed�dag,lroved by
the followhig vote
Aye Miy Abstain Absent
��A Y — ............., 2019.
PASSED AND APPROVED this the day of �TOV IZt'
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Jerry E. Drake. Jr.
FIELD NOTE DESCRIPTION
THE WOODLANDS
ZONING EXHIBIT "A"
118.040 ACRES
BEING a tract of land situated in the Moreau Forest Survey, Abstract Number 417, in the City of
Denton, Denton County, Texas and being a portion of that tract of land conveyed to The
Woodlands on McKinney St., LLC, according to the document filed of recorded in Instrument
No. 20170118000510 of the Deed Records of Denton County, Texas, said tract being more
particularly described as follows;
BEGINNING at point in the west line of Trinity Road, a 60-foot right-of-way, for the most
southerly southeast corner of the tract of land described herein;
THENCE North 83040'43" West, a distance of 1484.92 feet to a point for corner;
THENCE South 01 051'00" West, a distance of 822.18 feet to a point for corner in the north line
of that tract of land described in Cause Number 86-129, Official Public Records of Denton
County, Texas;
THENCE North 54049'37" West, with said line, a distance of 597.24 feet to a point for corner at
the beginning of a curve to the right, having a radius of 5479.50 feet, a central angle of
03038'00" and a chord bearing and distance of North 53000'37" West, 347.42 feet;
THENCE with said line and curve to the right an arc distance of 347.48 feet to a point for corner;
THENCE North 51011'37" West, with said line, a distance of 712.47 feet to a point for corner;
THENCE North 02036'49" East, leaving said line, a distance of 1044.40 feet to a point for
corner;
THENCE South 87058'53" East, a distance of 1424.55 feet to a point for corner;
THENCE North 02024'19" East, a distance of 1232.07 feet to a point for corner;
THENCE South 88021'43" East, a distance of 863.84 feet to a point for corner;
THENCE South 01 042'27" West, a distance of 702.71 feet to a point for corner;
THENCE South 88014'50" East, a distance of 322.02 feet to a point for corner;
THENCE South 02015'55" West, a distance of 540.00 feet to a point for corner;
THENCE South 87048'53" East, a distance of 204.22 feet to a point for corner;
THENCE South 02005'33" West, a distance of 1281.99 feet to the POINT OF BEGINNING and
containing 118.040 acres (5,141,829 square feet) of land, more or less.
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.