2005-008ORDINANCE NO. ~ ~0~----
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
14.60 ACRES OF LAND GENERALLY WRAPPING AROUND THE NORTHWEST CORNER
OF WINDSOR STREET AND WESTGATE DRIVE IN THE F. BATSON SURVEY, ABSTRACT
NO. 43 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVERABILITY CLAUSE AND AN EFFECTiVE DATE.
(Z04-0044)
WHEREAS, Allison Engineering has applied for a change in zoning for two tracts of land
containing approximately 14.60 acres of land particularly described in Exhibit "A" attached hereto
and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 2 (NR-2)
zoning district classification and use designation to Neighborhood Residential 4 (NR-4) zoning
district classification and use designation; and
WHEREAS, on December 1, 2004, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council fmds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. 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 Propertyis hereby
changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation
to Neighborhood Residential 4 (NR-4) zoning district classification and use.
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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. 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 t~om 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 ~ day of ~'~5/~./'/d.d~- ,200b'~
EULIN~ BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~-
PAGE 2
Denton.County, Te~; ,
Oemg l~ .nort~e~r. vorn~r o: t~t ~to;n tro~ of ~d
~o~v~y~ ~y. ~ffal.tf~m ~. Za~E~. ~o Forma
corner ~ ~d :We~tgete Drive; ..
~HKN~ S 01.~6~[~* .~(:~00 (~ .wi~h ~a~ Westmate Drive
AbBtr~Ot Numbe~ 43 I, the 01~ of Da~. ~,~, 0~, Te~s, being ~ ~.fl
thai ce~ln tra~l of land ~n~yod by ~e~ ~ Arable O. Pe~e ~ ~1 Jean
payee Oaede and Roland Edward Payne ~rd~'ln Volu~ 2663. Page 217,
described aa fol~: ~
(~OMMENOIHO el an iron, rod found comer for steer in Ihs north fine of Payee
Drive. a I~ubfio roadway and In the flo~th Ilea of ~het ,dian hot of II~d
conveyed by deed from Carlo J. Fsrlnsl, Jr. to F~d_na Family Trait reoo~ad Ip
volume 3103, Page g28, Real Properly Raoorui O~nl0n County, Teal, eelo
~lnt being the southwest cornet of that 0e~taln t~et of ta~ ~ ~ de~
r~fded In Volume 1614, P~g, 106, Ro~ Pr~ ~s Denon Coup,
Texas;
THENCE N 87' 27' $4" W, 570.00 fast with said no~h tine of said Farina t~ot to
an t~ofi rod found f~f PLACE OF BEGINNING:
THENOE N 87' 27' 6~ W, SE.00 feet with laid north linc of said Farina tract to
THENCE N 02' 32' 0~" E. 802.40 fast to an arcs md eel fo~ comer:
THENCE E O~'~' ~4' 36' E, t I 14.00 feet is an ban rod eat for comer In West0ets
O~'lve, a public roadway;.
THENCE .~ 01' 86' 10' W, ~.0.O0 feet wlll~ laid Weitgate DM 1o an Iron rod act
for comet':
THEFIGE N 67* 34' 3E" W, t050.20 real fo an Iron rod met tot comet
THENOE 6 02' ~ ~' W, 762.~ ~l lO ~e P~CE OF BEGINNINQ and
Exhibit A