2002-198ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORI-IOOD RESIDENTIAL 3 (NR-3) AND COMMUNITY MIXED-
USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS
TO NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12) AND NEIGHBORHOOD
RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS
FOR APPROXIMATELY 11.3 ACRES OF LAND GENERALLY LOCATED APPROXIMATELY
200 FEET EAST OF SHERMAN DRIVE AND POINSETTIA INTERSECTION AND LEGALLY
DESCRIBED AS PORTION OF TRACT 5 OF ABSTRACT S. MCCRACKEN SURVEY;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z02-0024)
WHEREAS, Bel Air Development Ltd. initiated a change in zoning for approximately 11.3
acres of land from Neighborhood Residential 3 (NR-3) and Community Mixed-Use General (CM-G)
zoning district classifications and use designations to Neighborhood Residential Mixed-Use 12
(NRMU-12) and Neighborhood Residential 6 (NR-6) zoning district classifications and use
designations; and
WHEREAS, on May 22, 2002, the Planning and Zoning Commission concluded a public
heating as required by law, and recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan and Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the approximately 11.3
acres remaining of the 39.824 acre original tract of land, described as Abstract S. McCracken
Survey, Tract 5, and more particularly described in "Exhibit A", is changed from Neighborhood
Residential 3 (NR-3) and Community Mixed-Use General (CM~G) zoning district classifications and
use designations to Neighborhood Residential Mixed-Use 12 (NRMU-12) and Neighborhood
Residential 6 (NR-6) zoning district classifications and use designations.
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.
Page 1 of 2
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 fi.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 /¢~--~ dayof ~.~ ,2002.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: .....~ -
Page 2 of 2
Oun-07-02 03:00 P.O2
Exhibit A
Zoning Case 1
STATE OF TEXAS §
COUNTY OF DENTON §
SITUATED in the State of Texas and County of Denton and being a 2.42acre tract of
land and being more particularly described as follows:
BEGINNING at a 1/2" iron rod for comer in the West line of said tract
THENCE North 00°26'54" East a distance of 153.25 ti:et from a l/2" iron md:
THENCE North 14037'39'' East a distance of 60.00 feet to a 1/2" iron rod for comer at
the beginning ora curve to the left in the North line of said tract;
THENCE along said curve to the left with a radius of 370.00 ft, a ~;antral angle of
13°51 '03" and a chord which bears South 82°17'53" East for a distance of 89.23 ft for an
arc length of 89.45 ft to a 1/2" iron rod;
THENCE South 89°15'06'' East a distance of 428.14 feet to a 1/2" iron ro~l for comer;
THENCE South 00°46'36" West a distance of 195.58 feet to a 1/2" iron rod for comer;
THENCE North 89°48'15'' West a distance of 530.23 feet to a t/2" iron rod back to the
PLACE OF BEGINNING and containing 2.42 acres of land, more or l¢~s.
Ou'n-07-02 03:00 P.03
Zoning Case 2
STATE OF TEXAS §
COUNTY OF DENTON §
SITUATED in the State of Texas and County of Denton and being a 5.1 lacre tract of
land and being more particularly described as follows:
BEGINNING al a 1/2" iron rod for comer in the West line of said Wact
THENCE South g9°12'47'' East a distance of ! 175.65 feet from a 1/2" iron md:
THENCE South 01 °56'$8" West a distance of 184.21 feet to a 1/2" iron rod',
THI~NCE North 89046'53" West a distance of 1 t71 94 feet to a 1/2" iron rod;
THENCE North 00046'36" t~ast a distance of 195.58 feet to a 1/2" iron md back to the
PLACE OF BEGINNING and containing 5. I I acres of land, more or less.
JUn-07-02 03:01 P.O¢
Zoning Case 3
STATE OF TEXAS §
COUNTY OF DENTON §
SITUATED in the State of Texas and County of Denton and being a 3.78acre tract of
land and being mol;e particularly described as follows:
BEGINNING at a 1/2" iron rod for comer in the East line of said tract
THENCE South 0l°51' 11" West a distance of 157.75 feet from a 1/2" iro~n rod:
THENCE North $8008'49" West a distance of 1165.06 feet to a 1/2" iron rod;
THENCE North 00°58'27" West a distance of 124.47 feet to a 1/2" iron rod;
THENCE South 89046'53'. East a distance of 1171.94 feet to a 1/2" iron rod hack to the
PLACE OF Igl~GINNING and containing 3.78 acres of land, more or less.