2008-078s:\our documents\ordinances\OS\z07-0027.da:x
ORDINANCE NO. ~®Ok- 0~,~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE ON TWO TRACTS OF LAND COMPRISING APPROXIMATELY 6.813 ACRES OF
LAND, FROM NEIGHBORHOOD RESIDENTIAL 6 (NR-6) AND NEIGHBORHOOD
RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATIONS AND
USE DESIGNATIONS TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION, WITH AN OVERLAY DISTRICT,
BOTH TRACTS OF LAND BEING LOCATED ALONG THE EAST SIDE OF I-35 AND SOUTH
OF WINDSOR DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (207-
0027)
WHEREAS, Windsor Farms Partners LP, has applied for a change in zoning for two tracts of
land comprising approximately 6.813 acres, legally described in Exhibit A as Tract 1 and Tract 2,
attached hereto and incorporated herein by reference (hereinafter, the "Property") from
Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed use 12 (NRMU-12)
zoning district classifications and use designations to a Neighborhood Residential Mixed Use
(NRMU) zoning district classification and use designation, with an overlay district.
WHEREAS, on February 20, 2008, the Planning and Zoning Commission recommended
approval of the requested change in zoning subject to additional conditions; 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 Tract 1 is hereby
changed from an NR-6 zoning district to an NRMU zoning district, and the zoning district
classification and use designation for Tract 2 is hereby changed from an NRMU-12 zoning district to
an NRMU zoning district. Both tracts of land shall be further designated with an overlay district,
containing the following additional restrictions and conditions:
a. Multi-family dwellings, hotels and drive-through facilities are not permitted uses.
b. The minimum landscape area for all developments shall be 30 percent.
Notwithstanding the attached real property description, the propertybeing 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.
s9our dceuments\ordinances\OA\z07-0027.dax
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 ofthis ordinance is violated shall
constitute a separate and,distinct offense.
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 CityofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the f~day of , 2008
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EXHIBIT "A"
FIELD NOTES
TRACTI
3.229 ACRES
BEING all that certain lot, tract or parcel of land situated in the F. Batson Survey
Abstract Number 43 in the City of Denton, Denton County, Texas, being a part of that
certain tract of land conveyed by deed from Farina Trust '92 et al to Windsor Farms
Partners, L. P. recorded in Volume 5418, Page 2116, Real Property Records, Denton
County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for corner in the east line of Interstate Highway
Number 35, a public roadway having a variable width right-of--way, said point being the
northwest comer of that certain tract of land conveyed by deed from Margaret G. Porter,
Trustee, to South Stemmons Property Group, Ltd. Recorded in Volume 5212, Page
3236, Real Property Records, Denton County, Texas;
THENCE along the arc of a curve to the right having a central angle of 06° 07' 20", a
radius of 5583.58 feet, an arc length of 596.61 feet, whose chord bears N 11° 19' 37"
W, 596.33 feet with said east line of said Interstate Highway to an iron rod set for
comer;
THENCE S 89° 35' 49" E, 253.25 feet to an iron rod set for corner in the west line of Lot
4, Block G of Windsor Farms, Phase I, an addition to the City of Denton, Denton
County, Texas according to the plat thereof recorded in Cabinet V, Page 761, Plat
Records, Denton County, Texas;
THENCE S 09° 30' 35" E, 169.51 feet with said west line of said Block G to an iron rod
found for corner;
THENCE S 12° 25' 08" E, 352.68 feet with said west line of said Block G to an iron rod
found for corner in the north line of said South Stemmons Property Group tract;
THENCE S 73° 26' 51" W, 250.35 feet with said north line of said South Stemmons
Property Group tract to the PLACE OF BEGINNING and containing 3.229 acres of land.
FIELD NOTES
TRACT II
3.584 ACRES
BEING all that certain lot, tract or parcel of land situated in the F. Batson Survey
Abstract Number 43 in the City of Denton, Denton County, Texas, being a part of that
certain tract of land conveyed by deed from Farina Trust '92 et al to Windsor Farms
Partners, L. P. recorded in Volume 5418, Page 2116, Real Property Records, Denton
County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for corner, said point being the northwest corner of Lot
2, Block G of Windsor Farms, Phase I, an addition to the City of Denton, Denton
County, Texas according to the plat thereof recorded in Cabinet V, Page 761, Plat
Records, Denton County, Texas;
THENCE S 10° 18' 35" E, 117.77 feet with the west line of said Block G to an iron rod
found for corner;
THENCE S 09° 30' 35" E, 9.52 feet with said west line of said Block G to an iron rod set
for corner;
THENCE N 89° 35' 49" W, 253.25 feet to an iron rod set for corner in the east line of
Interstate Highway Number 35, a public roadway having a variable width right-of-way;
THENCE along the arc of a curve to the right having a central angle of 04° 45' 04", a
radius of 5583.58 feet, an arc length of 463.01 feet, whose chord bears N 05° 53' 25"
W, 462.88 feet with said east line of said Interstate Highway to an iron rod set for corner
at a right-of-way flare;
THENCE N 43° 41' 34" E, 41.02 feet with said right-of-way flare to an iron rod set for
corner in the south line of Windsor Drive, a public roadway having aright-of-way of 55.0
feet;
THENCE S 89° 35' 49" E, 311.60 feet with said south line of said Windsor Drive to an
iron rod found for corner at a corner clip;
THENCE S 44° 55' 36" E, 21.19 feet with said corner clip to an iron rod found for comer
in the west line of Bray Village Drive, a public roadway having aright-of-way of 50.0
feet;
THENCE S 00° 25' 55" W, 187.54 feet with said west line of said Bray Village Drive to
an iron rod found corner;
THENCE along the arc of a curve to the left having a central angle of 12° 12' 44", a
radius of 300.00 feet, an arc length of 63.94 feet, whose chord bears S 05° 40' 08" E,
63.82 feet with said west line of said Bray Village Drive to an iron rod found for corner;
THENCE S 11° 49' 22" E, 89.61 feet with said west line of said Bray Village Drive to an
iron rod found corner, said point being the most easterly northeast comer of said Lot 2,
Block G of said Windsor Farms, Phase I;
THENCE N 56° 39' 41" W, 13.99 feet with the north line of said Lot 2 to an iron rod
found corner, said point being the most northerly northeast comer of said Lot 2;
THENCE S 78° 15' 41" W, 90.25 feet with said north line of said Lot 2 to the PLACE OF
BEGINNING and containing 3.584 acres df land.