2004-036OmiNANCE NO. OOJ- ;Z3V
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 CNR-4) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
3.85 ACRES OF LAND COMMONLY KNOW AS 406, 408, 410, AND 414 MOCKINGBIRD
LANE GENERALLY LOCATED AT THE INTERSECTION OF MOCKINGBIRD LANE AND
WESTON DRIVE ALONG THE EAST SIDE OF MOCKINGBIRD LANE AND LEGALLY
DESCRIBED AS TRACTS 3, 4, 5, 6, 12, AND 13 OF THE M. YOACHUM SURVEY 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. (Z03-0023)
WHEREAS, Denton Affordable Housing has applied for a change in zoning for
approximately 3.85 acres of land described as Tracts 3, 4, 5,6, 12, and 13 of the M. Yoachum Survey
and located at the intersection of Mockingbird Lane and Weston Drive along the east side of
Mockingbird Lane and more particularly described in Exhibit "A" attached hereto and made a part
hereof as Exhibit "A" (the "Property") from Neighborhood Residential 4 (NR-4) zoning district
classification and use designation to Neighborhood Residential 6 CNR-6) zoning district
classification and use designation; and
WHEREAS, on January 14, 2004, the Planning and Zoning Commission recommended
denial of the requested change in zoning; and
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the Propertyis hereby
changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation
to Neighborhood Residential 6 (NR-6) zoning district classification and use.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. 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 5. 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 ~ day of ~ 57~,d~L/f~4~'J-~ , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~/
Exhibit A
PROPERTY DESCRIPTION OF 1.974 ACRE TRACT
SITUATED in the City of Denton, Denton County, Texas, in the M. Yoachum Survey, Abstract No.
1442, and being all of a tract of land described in a deed from Winnie Mae Dennis to Denton
Affordable Housing Corporation and recorded under County Clerk File Number 97-037038 in the
Real Property Records, Denton County, Texas, and being all of the First and Second Tracts as
described in a deed from Casiano L. Miranda, et ux to Denton Affordable Housing and recorded
under County Clerk File Number 97-021218 in the Real Property Records of Denton County,
Texas, and part of an 80 % acre tract of land as described in a deed to C. H. William and
recorded in Volume 108, Page 49, Deed Records, Denton County, Texas, and being more fully
described as follows;
BEGINNING at a % inch iron rod found at the Northeast corner of the said tract of land described
in a deed recorded under County Clerk File Number 97-037038;
THENCE South 00 degrees 00 minutes 00 seconds East a distance of 430.00 feet to a point for a
corner;
THENCE North 90 degrees 00 minutes 00 seconds West a distance of 200.00 feet to a point for a
corner at the Southwest corner of said Second Tract in the East line of Mockingbird Lane;
THENCE North 00 degrees 00 minutes 00 seconds West, with the East line of the said
Mockingbird Lane a distance of 430.00 feet to a point for a corner at the Northwest corner of the
said tract of land described in a deed recorded under County Clerk Number 97-037038;
THENCE South 90 degrees 00 minutes 00 seconds East, with the North line of the said tract of
land described in a deed recorded under County Clerk Number 97-037038 a distance of 200.00
feet to the point of beginning and containing 1.974 acres of land more or less.
Bearing System is based on the North line of the said tract of land recorded under County Clerk File
Number 97-0037038 Real Property Records, Denton County, Texas
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
Z:/SENT RECORDSI900-999/929/SURVEY/LEGALI1,974 AC TR.doc