2011-030sAlegal\our documents\ordinances\1 1\z1 0-00 12.doc
ORDINANCE NO.
2011-030
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL
MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, ON APPROXIMATELY 0.26 ACRES OF LAND LOCATED ON THE EAST
SIDE OF BONNIE BRAE STREET AND APPROXIMATELY 200 FEET SOUTH OF EMERY
STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (Z10-0012).
WHEREAS, Larry Reichhart, has applied for a change in zoning for approximately 0.26
acres of land legally described in Exhibit "A", attached hereto and incorporated herein by
reference (hereinafter, the "Property") from a Neighborhood Residential 3 (NR-3) zoning district
classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12)
zoning district classification and use designation; and
WHEREAS, on January 5, 2011, the Planning and Zoning Commission recommended
approval of the change in zoning; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code; 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 as true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed
Use 12 (NRMU-12). Notwithstanding the attached real property description, the property being
rezoned includes all property to the centerline of all adjacent street rights-of-way.
SECTION 3. The City's official land use map is amended to show the change in the land
use designation.
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 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.
sAlegallour documentslordinances1111z10-0012.doc
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 /J 4day of AMAW11 , 2011.
ARK OU S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B
sAtegahour documentslordinances1111z10-0012.doe
EXHIBIT A
LEGAL DESCRIPTION
FIELD NOTES;
All that certain lot, tract or parcel of land lying and being situated in Denton
County, Texas and being a part of the Robert Beaumont Survey, Abstract Number
31 and being all of the called 0.267 acre tract of land conveyed to Scott K. Brown
and wife, Shari L. Brown from Mitchell Todd Brown and Shannon Leslie Stone by
deed recorded in County Clerks file number 96-R0053782, Real Property Records,
Denton County, Texas and being more particularly described by metes and bounds
as follows;
BEGINNING at a 3/8 inch iron rod found in the East line of Bonnie Brae Street
same being the Northwest corner of said 0.267 acre tract and the Southwest corner
of Lot 1, Block A, Windsor Hall Addition according to the plat recorded in Cabinet
K, Slide 379, Plat records, Denton County, Texas;
THENCE North 89 degrees 06 minutes 22 seconds East a distance of 131.91 feet
to a 3/8 inch iron rod found at the Northeast corner of said 0.267 acre tract and also
being the Southeast corner of said Lot 1, Block A, of said Windsor Hall Addition;
THENCE South 00 degrees 36 minutes 16 seconds East, along the East line of said
0.267 acre tract a distance of 87.74 feet to a 1/2 inch iron rod found at the Southeast
corner of said 0.267 acre tract;
THENCE South 89 degrees 03 minutes 47 seconds West, along the South line of
said 0.267 acre tract a distance of 132.20 feet to a 1/2 inch iron rod found at the
Southwest corner of said 0.267 acre tract and in the East line of said Bonnie Brae
Street;
THENCE North 00 degrees 25 minutes 06 seconds West, along the East line of
said Bonnie Brae Street and the West line of said 0.267 acre tract a distance of
87.85 feet to the POINT OF BEGINNING and containing 0.26 of an acre of land
more or less.
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EXHIBIT B
LOCATION MAP