2007-203s:\our documents\ardinunces\07\z07-0014.dre
ORDINANCE NO. Oc-~~ ~-~ZD3
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; THE AREA FOR ZONING
CHANGE ENCOMPASSES 5.226 ACRES OF LAND LOCATED AT THE SOUTHEAST
CORNER OF KINGS ROW STREET AND LOOP 288, AND IS LEGALLY DESCRIBED AS
TRACT 9A OF THE D. CULP 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. (Z07-0014)
WHEREAS, I.K. Kim, Trustee, has applied for a change in zoning for approximately 5.226
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 August 22, 2007, the Planning and Zoning Commission recommended
approval of the requested change in zoning; 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 ofthis 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 (NRMi J).
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. The City's official land use map is amended to show the change in the land
use designation.
SECTION 4. If any provision ofthis 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 ofthis ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision ofthis ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaperpublished in the City ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the / ~t day of ~Q/Y~ , 2007.
• /'L ~~~
PE R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: '
APPROVED AS TO LEGAL FORM:
EDW[N M SNYDER, CITY ATTORNEY
s:\nur documcnLS\ordinances\07\z07-0014ds
EXHIBIT A
LEGAL DESCRIPTION
FIELD NOTES to all that certain tract of land situated in the David Culp Survey Abstract Number
2f?7 in the City and County of Clanton,. Texas and being all of the called 5.22E acre Tract 2
described in the deed from Tlromas E. Brasset3u, Trustee to I.K. Kim Trustee recorded in Volume
4315 Page 1445 of the Real Pi;~pertV Records of Denton Caunry, Texas as recognized and
occupied on tl7e ground; the subject tract being mare particularly described as follows;
EEGINNINC~ of the Southwest comer of the tract being described herein at a capped iron rad
found far the Southwest corner of said Tract 2 and the mast Weskedy Nortlnvest corner of the
called 150.6G3 acre Tract I, described in the Bleed to Edevard F. tNolski; tvt.D. recorded in Volume
4'1 DD Paye 1 Real Property Records, said rod being an the Easterly right-of-way line of State
Higtrvvay Loap 2EC° in a calve to the left having <~ radius of :3~~i40.OD feet and a chord which bears
Naith 44 degrees 35 minutes 42 seconds'~^Jesi a distance of 447.DD feet;
THENt:E along the arc of sal±I cwve along said Laop an arc distance of 44724 feet to a concrete
tax-dot right-of-way monument found:
THENCE Naith 55 degrees 4Ci minutes 25 seconds ~P~lest continuing slang said Loop a distance
of 74.3$ feet to a l" iron rad faunci:
THENCE North 47 degrees 45 minutes 1'I seconds'v"lest again along said Loop a distance of
'?09.41 feet to a capped iron rad set stamped'' KAZ' for a flair in said Loop;
THENCE North '17 degrees 42 minutes 55 secanrts East ~.vith said flair a distance of '109.33 feet
to a concrete tax-dot right-of-:;~a}~ monument found an the Southern side of Kings Row;
THENCE North 02 degrees .`_~ I minutes 41 seconds West into said Rove a distance of 25.70 feet
to tl7e North:vest career of said Tract 2;
THENCE South 88 degrees 29 minutes 53 seconds East with the North line thereofi in said Raw a
distance of 5r>4.6'I feet to a cal_+pe~l iron rod found stamps+_1 "KHA°' far the Northeast corner of
said Tract 2 and the most Northerly Northwest earner of said '15D.603 acre tract:
THENCE South D0 degrees 4G minutes '14 seconds :Nest ~.vith the 4°Jest line thereof and East line
of said Traat1 at 24.~1'I feet passing a 'lz' iron rad found on the South side of said Row and
continuing along said caur:>e along sect near a fence; in all, a fatal distance of 617.5'1 feet to a 1z"
iron rad found for the Southeast. corner of sai~a Tract 2 and inner ell corner of said '150.643 acres;
THENCE North 8t3 degrees :30 minutes 57 seconds V+,+est with the North line thereof and South
line of said Tract 2 a distance of 57.34 feet t~_r the PLRCE t3F BEGINNING and enclosing 5224
acres of land more or less.
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s:\our documents\ordinances\07~z07-0014.dnc
EXHIBIT B
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\ "The Property"
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160 80 0 160 Feet
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