2002-365ORDINANCE NO. ~00~--
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING APPROXIMATELY 2.82
ACRES OF LAND IN THE CITY OF DENTON FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-
3) AND NEIGHBORHOOD RESIDENTIAL 4 CNR-4) ZONING DISTRICTS TO
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU); SAID REAL PROPERTY BEING
GENERALLY LOCATED ALONG THE WEST OF BELLAIRE ON MCKINNEY AVENUE, EAST
OF MACK, WEST OF JOSHUA DRIVE; PROVIDING A PENALTY CLAUSE WITH A
MAXIMUM FINE OF $2000.00 PER DAY FOR A VIOLATION OF THIS ORDINANCE; A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. (Z02-0034).
WHEREAS, the owner has initiated a change in zoning for approximately 2.82 acres of land as
more paaicularly described in Exhibit "A" attached hereto and made a part hereof by reference (the
"Property") from a Neighborhood Residential 3 (NR-3) and Neighborhood Residential 4 CNR-4)
zoning districts classification and use designation to Neighborhood Residential Mixed Use (NRMU)
zoning district; and
WHEREAS, on September 25, 2002, the Planning and Zoning Commission recommended
approval of the requested zoning; and
WHEREAS, the City Council finds that the zoning is consistent with the Comprehensive Plan,
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Property is hereby changed from Neighborhood Residential 3 CNR-3) and
Neighborhood Residential 4 (NR-4) zoning district classifications and use designations to
Neighborhood Residential Mixed Use (NRMU) zoning district under the comprehensive zoning
ordinance of the City of Denton, Texas.
SECTION 2. The City's official zoning map is amended to show the change in zoning district
classifications.
SECTION 3. 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 ord'mance is violated shall
constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance,
or apphcation there of to any person or circumstance is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the remaining portions of this ord'mance, and
City Council of the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
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 ord'mance 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 thisthe ~/~-~ dayof ~./2~/,2002.
E~BRO~K,~ ----" ' ~7
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
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Exhibit "A"
2.82 ACRES
FIELD NOTES to all that certain tract of land situated in the M. YOACHUM SURVEY, Abstract No.
1442, in the City of Denton, Denton County, Texas and being a part of a called 2.074 acre tract of land
described in the Deed from Stella Marie Courtney Di Muzio, et al to Donald C. Schmidt as recorded in
Volume 2739, Page 823 of the Real Property Records of said Denton County, Texas, a part of a called
3.189 acre tract of land described in the Deed from William Troy Walker, et al to Nejat Destani as
recorded in Volume 4768, Page 1768 of said Real Property Records, and a part of Lot 1, Block 1 of the
Mason Addition an addition in the City of Denton, Denton County, Texas according to the Plat thereof
recorded in Cabinet E, Page 59 of the Plat Records of said Denton County, Texas;
BEGINNING at a ¥2" capped iron rod found for the Southerly most Southeast comer of said Destani
Tract at the Southwest comer of a tract of land described in the Deed from William T. Walker to
Robert John as recorded under County Clerk's File Number 97-R0054124 of said Real Property
Records of Denton County, Texas, same being in the North right-of-way line of FM Road 426 (East
McKiuney Street);
THENCE North 73 degrees 19 minutes 42 seconds West with said right-of-way and the South line of
said Destani Tract a distance of 416.72 feet to a 3/8" iron rod found for the Southwest comer of said
2.074 acre Schmidt Tract, same being the Southeast comer of a called 5 acre tract of land described in
the Deed from Billy Joe Martin and Nellie E. Martin to John Tysseland as recorded in Volume 666,
Page 726 of the Deed Records of Denton County, Texas;
THENCE North 00 degrees 44 minutes 23 seconds East with the East line thereof and the West line of
said 2.074 acre Schmidt Tract a distance of 250.00 feet to the Northwest comer of the herein described
tract;
THENCE South 89 degrees 15 minutes 37 seconds East a distance of 398.32 feet to the Northeast
comer of the herein described tract;
THENCE South 00 degrees 21 minutes 50 seconds West passing at a distance of 117.15 feet a
capped iron rod found at the salient comer of said 3.189 acre Destani Tract and the Northwest comer
of said John Tract, and continuing with the West line thereof and the East line of said 3.189 acre
Destani Tract a total distance of 364.40 feet to the PLACE OF BEGINNING and enclosing 2.82 acres
of land.
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