2007-202s:bur documenLC\ordinances\07U07-0OI6.ds
ORDINANCE NO. c~OD7 ~ZO~-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD MIXED USE (NRMU)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY
CONTAINING ADDITIONAL RESTRICTIONS AS NOTED; THE AREA FOR ZONING
CHANGE ENCOMPASSES 3.071 ACRES OF LAND LOCATED AT THE SOUTHWEST
CORNER OF KINGS ROW STREET AND LOOP 288, AND IS LEGALLY DESCRIBED AS
TRACT 9 OF THE D. GULP SURVEY, ABSTRACT NUMBER 287, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE.
(Z07-0016)
WHEREAS, LK. Kim. Trustee, has applied for a change in zoning for approximately 3.071
acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference
(hereinafter the "Property"), from a Neighborhood Residential 2 (NR-2) zoning district classification
and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification
and use designation; and
WHEREAS, on July 25, 2007 the Planning and Zoning Commission recommended
approval of the requested change in zoning subject to the conditions outlined in Sections 3 and 4;
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 preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. The zoning district classification and use designation for the Property is hereby
changed from Neighborhood Residential 2 (NR-2) to Neighborhood Residential Mixed Use
(NRMU), with an overlay further restricting allowed uses as set forth in Section 3 and Section 4 of
this ordinance. Notwithstanding the attached real property description, the property being rezoned
includes all property to the centerline of all adjacent street rights-of way.
SECTION 3. Multi-Family Dwellings, as defined by the Denton Development Code, are
prohibited on the Property.
SECTION 4. Access to the Property must be provided from the adjacent southern property
before any development activities occur on the subject property as described in Exhibit B.
SECTION 5. The City's official land use map is amended to show the change in the land use
designation.
s:\our documents\ordinances\07\z07-0016.doc
SECTTON 6. 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 7. Any person violating any provision ofthis 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 8. 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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~~~`Lday of , 2007.
PERK . McNEILL, MAYOR
ATTEST:
.IENNIFER WALTERS, CITY SECRETARY
BY.
s:\our documents\a'dinances\07\z07-0016.dm
EXHIBIT A
LEGAL DESCRIPTION
FIELD NOTES to all that certain tract of land situated in the David Culp Survey Abstract Number
287 in the City and Count}+ of Denton. Texas find beir7g all of the called 3.070 acre Tract 1
described in the deed from Thomas E. Brosseau, Trustee to LK. Kim Trustee recorded in Volume
A31 ~, Page 1405 of the Real Property Records of Denton Coun#y; Texas as recognized and
occupied on the ground; the subject tract being more particularly described as follo:vs;
BEr31NNING for the Southeast comer of the #ract being described herein at a capped iron ro<I
found stamped "cartedburgess"for the Southeast earner of said Tract 'I on the Vdesterlyright-of-
weyline of State Highw=ay Loop 288 at the Northeast corner of the called 'I'I'I -64 acre tract
<.lescrihed in the deed to Ede^^=ard F. ?^lolski recorded in instrument number 2005-16351 Real
Property Records;
THENCE North 88 degrees 32 minutes 27 seconds V+lest with the North line thereof and South
line caf said Tract 'I a distance of 732.00 feet to a iron rod with a red plastic cap found for the
South:arest corner of said Tract 'I on the apparent Easterly line of Old North Road; '
THENCE North 'I1 degrees 34 minutes 5a secaids East :vith the West line of said Tract 'I along
said Road a dis#ance of X8.!:0 feet to a capped iron rod set stamped °Kt1Z" now in the Westerly
right-of-'.^iay line of said Lr}op 288;
THENCE South 78 degrees '13 minutPS 57 seconds East tilong said Loop a distance of 27.95 feet
to a concrete tex-dot right-of-:,gay monument found;
THENCE North A2 degrees 05 minutes '17 seconds East continuing t.=ith said Loop a distance of
356-99 feet to a concrete tex-dot right-of-~vay monument found for the North corner of said Tract
I
THENCE North 87 degrees f 2 minutes 43 seiioncis East again along said Loop a distance of
J9.'I'i feet to a concrete tex-dot right-of-way mrnument found;
THENCE South g7 degrees A8 mirnrtes 30 seconds East again along said Loop a distance of
28'.81 feet to a capped iron root set stamped °KAZ" for the beginning of a curve to the right
hErding a radius of 37'10.00 feet and a chord ~^; hick bears South 46 degrees '17 minutes 09
seconds East a distance of 202.'13 feet; '
THENC_:E along the arc of said curve along said Loup an arc distance of 202.'15 feet to the
PLACE 0= BEGINNING and enr_.losing 3.071 acres of land more or less.
PAGE 3
s:~our dceuments\ordinanccs\OTz07-OOI6.da
EXHIBIT B
a
~,~_ ~~- i
L~
s
~~/~G
s
.~
~ ~ \~
~_~~°oA
~,
~ ~~
8~
~ ~~
"The Property" ~
<~
OA ~
a~,
1
160 80 0 160 Feet
PAGE 4