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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.