Loading...
2009-324 sAour documents\ordinances\09\z09-0009 denton nursing home.doc ORDINANCE NO. ~DDg- '2`t AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT, ON 19.858 ACRES OF LAND LOCATED EAST OF HINKLE DRIVE, 960 FEET NORTH OF U.S. 380 AND 1,285 FEET SOUTH OF HEADLEE STREET, IN THE CITY OF DENTON, TEXAS, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $25000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0009) WHEREAS, JDJR Engineers & Consultants, Inc, has applied for a change in zoning for approximately 19.858 acres of land legally described in Exhibit "A", and depicted in Exhibit "B", attached hereto and incorporated herein by reference (hereinafter, the "Property") from a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay district; and WHEREAS, on November 18, 2009, the Planning and Zoning Commission recommended approval of the requested change in zoning, with a restrictive overlay limiting uses to Elderly Housing; and: WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the recitals of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and land use designation, with a restrictive overlay limiting allowed uses to Elderly Housing. SECTION 3. The City's official land use map is amended to show the change in land use designation. 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 other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. 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. PA fh SSED AND APPROVED this the day of h&1n4x'-, 2009. ' s MARK O1bGHS, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED ASTOEGAE- ANITA BURGESS, CITY ATTORNE BY! j i s, r Exhibit A LEGAL DESCRIPTION 19.858 ACRES BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey, A-31 in the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Peter E. Kern to Peter C. Kern recorded under Clerk's File Number 93-R0054332, Real Property Records, Denton County, :Texas and being.more particularly described as follows: BEGINNING at an iron rod found for comer in the east line of Hinkle Drive, a public roadway having a right-of-way of 60.00 feet, said point being -the southwest comer of Lot 2, Block 1, Good Samaritan Village, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet M, Page 341, Plat Records, Denton County, Texas; THENCE - South . 89036,13" East, pass at 885.80 feet an iron rod found for southwest comer of Lot 11, Block 1,, Infinity Strata Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet F, Page 47, Plat Records, Denton County, Texas, a total distance of 987.84 feet with the south line of said Good Samaritan Village and with the south line of said Infinity Strata Addition to an iron rod found for corner at an inner ell of -said. Infinity Strata Addition; THENCE South 00°14'23" East, pass at . 146.79 feet the most souther southwest corner of said Infinity Strata Addition, and the northwest comer of that certain tract of land conveyed by deed from W. C. Kimbrough to Denton County Agriculture Fair Association recorded in Volume 346: Page 200, Deed Records, Denton County, Texas, a total distance of 870.53 feet with the west lien of said Infinity Strata Addition and with the west line of said Denton County Agriculture Fair Association :to a fence corner for corner in the north line of that certain tract of land conveyed by deed from Westgrove Properties, Ltd, to RPI Denton Cneter, Ltd., recorded under Clerk's File Number 97-R0045517, Real Property Records, Denton County, Texas; THENCE North 891153'22" West, pass at 656.79 feet an iron rod found for northeast corner of that certain tract of land conveyed by deed from Denton Center Joint Venture to Denton Ancillary, Ltd., recorded under Clerk's File Number 97-80046414, Real Property Records, Denton County, Texas, a total distance of 994.04 feet with said north line of said RPI Denton Center tract and with the north line of said Denton Ancilliary,tract to an iron rod found for comer in said east line of said Hinkle Drive, said point being the northwest corner of said Denton Ancillary tract; THENCE North 00010'08" East, 875.34 feet with said east line of said Hinkle Drive to the PLACE OF BEGINNING and containing 19.858 acres (865,014.48 square feet) of land, more or less. Exhibit B z GA PENV E Ever Q~S aGABE Par u C. ~ f J - WINDSOR t3 z 216 /IsND OR7? +VORI HE~IDGE _ ORDtIV AGNEILIA j ©R FANbo MIMLISA C3 C~ Bowling HEADLE.E V._ HERITAGE Green - Nort oc rk w Lakes L2 ° STRATA z -J N PEACH Par R A BURN w a g e nL-~f g GGARD ca e AE H VE a3 F IN w WEN OAK Q- GREENBRIA a FORE AWN U J m°. TULANE R S ~ © ° - HE A WOOD ND 16 J W Z i DES AMH ST o UNI ERSITY NSET 380 TE ~h WESTWA WESTCHE TER EMERY CaRDEL CORDELL U CRE CENT CRESCENT THIRD CAR JON aL E LINDE SA Y R W SC r fl BROA WAY Z 00 TE AS PA* ANDL <t Lu Q WITHERS, R EGAf SENA iv[c Cq GR SS CONGRESS ¢ ark ter SCRI TUR _ o -i z RK AY 77 HOUSTON ~ w J a z Z PEAR 7 ALAN < W C3 A- S&. X ~ C3 A c1c cs rs ca ti ¢ OAK a- GREGG a PECAN BAK Ae" s U M K®R HICKORY { WALNU a , LOCAOTION