2005-222ORDINANCE NO. ZOD,S-ZZZ
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT TO
THE NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT FOR
APPROXIMATELY 0.426 ACRE OF LAND LOCATED ON THE SOUTH SIDE OF EGAN
STREET AND THE EAST SIDE OF CARRROLL BOULEVARD IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING PART OF LOTS 5 AND 7 OF THE BARB'S
ADDITION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z05-0012)
WHEREAS, Jerald D. Yensan has applied for a change in zoning for approximately.426 acre
of land which is particularly described in Exhibit "A" attached hereto and made a part hereof by
reference (the "Property"), from Neighborhood Residential 3 (NR-3) zoning district to the
Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district zoning district classification
and use designation; and
WHEREAS, on July 13, 2005, the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, at the City Council meeting on August 16, 2005, the applicant agreed to amend
his application to include an overlay district to restrict the uses to one building with office uses on
the first floor and one dwelling unit on the second floor; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan; and
b. The overlay district will protect and enhance the Property and surrounding
area which are distinct from lands and structures outside of the overlay
district and the immediate neighborhood; and
c. The regulations imposed in the overlay district serve important and
substantial public interests by preserving the integrity of the neighborhood
surrounding the overlay district while offering a different type of residential
home to the public and the neighborhood; 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
SECTION 2. The zoning district classification and use designation of the Property is hereby
changed from Neighborhood Residential 3 (NR-3) zoning district to the Neighborhood Residential
Mixed Use 12 (NRMU-12) zoning district classification and use designation with an overlay district
restricting the uses to one building with office uses on the first floor and one dwelling unit on the
second floor. The overlay does not restrict accessory buildings and structures as are otherwise
authorized by the Development Code.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district 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 otlrr
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.
PASSED AND APPROVED this the /6 day of 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:U~
APPROVED AS TO LEGAL FORM:
EDWIN M. TTEY
BY:
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Exhibit "A"
0.426 ACRE
BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey Abstract
Number 31 in the City of Denton, Denton County, Texas, being a part of Lots 5 and 7 of Barb's
Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Volume Q, Page 137, Deed Records, Denton County, Texas, and being all that certain
tract of land conveyed by deed from Hashemi Sayed Mohammad Bagher to B & F and Sons
recorded under Document Number 2003-186432, Real Property Records, Denton County, Texas, and
being more particularly described as follows:
BEGINNING at a "Y" in concrete found for corner in the east line of Carroll Boulevard, a public
roadway, and in the south line of Egan Street, a public roadway, said point being the northwest
corner of said B & F and Sons tract;;
THENCE S 89° 51' 50" E, 131.06 feet with said south line of said Egan Street to a "Y" in concrete
found for comer, said point being the northwest comer of that certain tract of land conveyed by deed
from F. D. Huffines et a] to R. H. Hilliard and wife, Ednad Hilliard recorded in Volume 565, Page
284, Deed Records, Denton County, Texas;
THENCE S 00° 07' 31" W, 160.30 feet with the west line of said Hilliard tract to a fence post for
corner in the north line of Lot 8 of said Barb's Addition, and in the north line of that certain tract of
land conveyed by deed from James R. Neblett to James M. Neblett recorded in Volume 3181, Page
466, Real Property Records, Denton County, Texas, said point being the southwest comer of said
Hilliard tract;
THENCE S 89° 20'01" W, 99.79 feet with said north line of said Neblett tract and with said north
line of said Lot 8 to an iron rod found for corner;
THENCE NORTH, 81.67 feet with to an iron rod set for comer;
THENCE N 89° 51' 50" W, 30.92 feet to a "Y" in concrete found for comer in said east line of said
Carroll Boulevard;
THENCE NORTH, 80.03 feet with said east line of said Carroll Boulevard to the PLACE OF
BEGINNING and containing 0.426 acre of land.
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