2007-075ORDINANCE NO. ZQQ%Qr/~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) TO A NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 5.28 ACRES,
GENERALLY LOCATED ON THE NORTHWEST CORNER OF MOCKINGBIRD LANE
AND ORIOLE LANE AND LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED
IN THE M. YOACHUM SURVEY, ABSTRACT NO. 1442 IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS, BEING ALL THAT CERTAIN TRACT OF LAND
CONVEYED BY DEED FROM ROBERT H. WHITE TO AUBREY C. JONES AND WIFE ,
LOIS L. JONES, RECORDED IN VOLUME 1121, PAGE 265, DEED RECORDS, DENTON
COUNTY, TEXAS, AND ALL THAT CERTAIN TRACT OF LAND DESCRIBED IN A
DEED FROM LAVERNE JOHNSON GEE TO JIMMY JOE GWARTNEY AND WIFE, JILL
ANN GWARTNEY, RECORDED UNDER COUNTY CLERK'S INSTRUMENT FILE
NUMBER 94-R0051394 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE. (Z07-0004)
WHEREAS, Denton Affordable Housing Corp. has applied for a change in zoning for
approximately 5.28 acres from a Neighborhood Residential 4 (NR-4) zoning district to a
Neighborhood Residential 6 (NR-6) zoning district classification and use designation; and
WHEREAS, on March 14, 2007, the Planning and Zoning Commission concluded a
public hearing as required bylaw, and recommended approval of the requested change in zoning;
and
WHEREAS, with the addition of an overlay restriction as provided herein, which is
consented to by the applicant and more restrictive than the zoning request posted for public
hearing, 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 and found to be true.
SECTION 2. The zoning district classification and use designation for approximately
5.28 acres of land described in Exhibit "A",'attached hereto and incorporated herein, being a
tract of land situated in the Yoachum Survey, Abstract No. 1442 in the City of Denton, Denton
County, Texas, being all that certain tract of land conveyed by deed from Robert H. White to
Aubrey C. Jones and wife, Lois L. Jones, recorded in Volume 1121, Page 265, Deed Records,
Denton County, Texas, and all that certain tract of land described in a deed from Laverne
Johnson Gee to Jimmy Joe Gwartney and wife, Jill Ann Gwartney, recorded under County
Clerk's Instrument File Number 94-R0051394 Real Property Records, Denton County Texas,
which is attached and incorporated for all purposes herein (the "Property"), is hereby changed
from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential 6 (NR-
6) zoning district classification and use designation, with an overlay district providing for
maximum of 22 residential lots, with at least 18 lots reserved for single family detached
dwellings, and no more than 4 interior lots available for either single family detached or duplex,
with the maximum number of dwelling units being 26. The applicant may also provide one
additional nonresidential lot, if necessary, to address drainage or public improvements otherwise
necessary to satisfy subdivision standards.
Notwithstanding the above real property description, the property being rezoned includes all
property to the centerline of al I adjacent street right-or-way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification and 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 affect the validity of the
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 ofDit~s passage.
PASSED AND APPROVED this the 3 / day of , 2007.
~~~ a~,C~-E%wJ
PE~McNEILL, MAYOR
ATTEST:
,IENNIFER WALTERS,~CITY SECRETARY;
BY:
A
CITY A
Exhibit A
Oriole court
BEING a 5.28 acre tract of land situated in the M. Yoachum Survey, Abstract No.
1442 in the City of Denton, Denton County, Texas, being all that certain tract of
land conveyed by deed £rom Robert H. White to Aubrey C. Jones and wife, Lois L.
Jones, recorded in Volume 1121, Page 265, Deed Records, Denton County, Texas, and
all that certain tract of land described is a deed from Laverne. Johnson Gee to
Jimmy Joe Gwartney and wife, Jill Ann Gwartney, recorded under County Clerk's
Instrument Pile Number 94-R0051394 Real Property Records, Denton County, Texas,
and being more particularly described as follows:
ffiOINNIN6 at a P.K. nail in the center of the pavement of Mockingbird Lane, a
-public roadway, and being the northeast corner of said Gwaztney tract;
T88NC8 South along the east line of said Gwartney tract and the centerline of said
Mockingbird Lane,.a distance of 259.96 feet to a P.R. nail being the northeast
corner of said Jones tract;
'^~+Y~'F South 00 degrees 04 minutes 46 seconds West along the east line of said
Jones tract and the centerline of said Mockingbird Lane, a distance of 228.81 feet
to an iron rod at the southeast corner of said Jones tract;
TBBNCE North 89 degrees 28 minutes 22 seconds West pass at 22.14 an iron rod found
for west line of said Mockingbird Lane, a total distance of 471 feet with the
south line of said Jones tract, and the north line of Replat of Eastridge
Addition, Second Section, an-addition to the City of Denton, Denton Couaty,_Texas,
according to the plat thereof recorded in Volume 7, Page 32, Plat Records, Denton
County, Texas to an iron rod found for corner in the east line of lot 7, Block D
of Eastridge Addition Pirst Section, an,addition to the City of Denton, Denton
County, Texas according to the plat thereof recorded in Volume 5, Page 7, Plat
Records, Denton county, Texas, and being the southwest corner of said Jones tract;
T~~'n' North 00 degrees D4 minutes 48 seconds East with the west line of said
Jones Tract and the east line of said Eastridge Addition First Section, a distance
of 229.04 feet to an~iron rod being the southwest corner of said Gwartney tract
and the northwest corner of said Jones tract;
T8ffiiCE North with the west line of said Gwartney tract and the east line of said
Eastridge Addition First Section, a distance of 259.31 to an iron rod found being
the northeast corner of Lot 1, Block D, of said Eastridge Addition First Section
and in the south line of Lot 3, Block D, Replat of Bellaire Heights, an addition
to the City of Denton, Denton County, Texas, according to the replat thereof
recorded in Cabinet D, Page 244, Plat Records, Denton County, Texas;
THSNCB South 89 degrees 29 minutes d0 seconds East with the north line of said
Gwartney Tract and the south line of said Block D, Replat of Bellaire Heights, a
distance of 147.47 feet to an iron rod found for corner;
THENCE-South 34 degrees 47 minutes 16 seconds East with the north line of said
Gwartney Tract and the south line of said Block D, Replat of Bellaire Heights, a
distance of 1.68 feet to an iron rod found for corner;
THENCE South 89 degrees 47 minutes 07 seconds East with the north line of said
Gwartney tract and the south line of Block D, Bellaire Heights, an addition to the
City of Denton, Denton Caunty, Texas, according to the plat thereof recorded in
Cabinet C, Page 211, Plat Records, Denton County, Texas, a distance of 322.56 feet
to the POINT OF SEOINNINO and containing 5.26 acres of land more or less.