2005-367S\Our Documents\Ordinances\05\Z05-0023.doe
ORDINANCE NO.,- C -3C, 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM PLANNED DEVELOPMENT-139 (PD-139) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED
USE (NRMU) FOR APPROXIMATELY 2.85 ACRES OF LAND GENERALLY LOCATED
APPROXIMATELY 1,700 FEET WEST OF BONNIE BRAE ON THE SOUTH SIDE OF
VINTAGE BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, A SEVER-ABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z05-0023)
WHEREAS, Mr. Robert Stengele initiated a change in zoning for approximately 2.85 acres of
land more particularly described in Exhibit "A", attached hereto, and incorporated by reference (the
"Property"); and
WHEREAS, on October 12, 2005, the Planning and Zoning Commission recommended
approval of the requested 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
found to be true, and are incorporated herein by reference.
SECTION 2. The zoning district classifications and uses designations of the Property is
hereby changed from Planned Development-139 (PD-139) zoning district classification and use
designation to Neighborhood Residential Mixed Use (NAME 1) zoning districts and use designations.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
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.
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- day ofg~If 1~k7~ , 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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EXHIBIT "A"
FIELD NOTES
BEING A 2-845 ACRE TRACT OF LAND SITUATED IN THE JAMES HARRIS
SURVEY, ABSTRACT NUMBER 555 AND BEING A PORTION OF THAT CALLED
397-243/1000 ACRE TRACT KNOWN AS PARCEL N0.1 AS DESCRIBED IN
DEED TO DENTON-C.W PARTNERS, LTD RECORDED IN DOCUMENT NO.
98-ROO35601 OF THE OFFICIAL PUBUC RECORDS OF DENTON COUNTY,
TEXAS;
COMMENCING at a A Inch Iran rod found in the cost tine of said Parcel
No.1, the south right of way line of Vintage Boulevard -(120 foot R.O.W.)
as dsacrlhad In deed to the City of Demon and recorded in Volume 4774,
Page 017,18 of said Official Public Records;
THENCE N 85 52' DO' W (Basis of Bearing) along the, south line Of said
Vintage Boulevard a distance of 1689.91 feet, to a $ capped iron rod
set stamped Isbell Engr., for the POINT OF BEGINNING;
THENCE over and are.. said Parcel No. 1 the following seven. courses
and distances:
S 00' 08' 00' W, leaving said south line of Vintage Boulevard a
distance of 55.50 feet, to o % inch capped Iron _rod set stamped
Isbell Engr.; .
S. 89' 52' GO' E. a distance of 115.00 feet, to a % inch copped Iron
red set stamped Isbell Engr., for the mast easterly northeast corner
hereof:
S 00' 08' 00' w, a distance 331.00 feet, to a H inch copped iron
rod out stamped Isbell Engr., for the southeast comer hereof;
N 89' 52' 00' W. a distance of 358.00 feet, to a % inch capped iron
rod net stomped Isbell Engr., for the southwest. corner hereof;
N 00' 08' 00.' I- a distance of 331.00 feat. to a K inch capped
Iran red set stamped Isbell Engr., for U1s most westerly northwest
comer hereof;
S 89' 52' 00' E. a distance of 131.00 fact, to a A inch capped Iron
rod out stamped Isbell Engr., for an interior corner hereof;
N 00' 08' 00' W. a .distance of 55.50 feet. to a inch Capped Iran
rod set stamped Isball Engr., for the most northerly northwest corner
hareof, also lying in the south line of said Vintage Boulevard, from
which e A Inch Iron rod found boon N 89'52'00' W a distance of
803.18 feet:
THENCE S 89' 52' 00' E. along the south fire of said Vintage Boulevard a
distance of 110.00 feat, to the POINT OF BEGINNING and containing 2.845
acres of land more or lees.
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