2005-191
s: \OUf Documents\Ordinances\05\Z05-0009.doc
ORDINANCE NO. 2tJtJ5- Ie; /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF 4.50 ACRES FROM NEIGBORHOOD RESIDENTIAL 6 (NR-6) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) GENERALLY LOCATED AT THE NORTHEAST
CORNER OF FORT WORTH DRIVE, COUNTRY CLUB ROAD AND HOBSON ROAD, A
PART OF A TRACT IN THE W. DANIEL SURVEY, ABSTRACT NUMBER 378 IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0009)
WHEREAS, Vandersmith Development initiated a change in zoning for approximately 4.50
acres ofland particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit
"A" (the "Property") from Neighborhood Residential 6 (NR-6) zoning district classification and use
designation to Neighborhood Residential Mixed Use (NRMU) zoning districts and use designations
and
WHEREAS, on June 8, 2005, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds the change in zoning is consistent with the
Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classifications and uses designations of the Property is
hereby changed from Neighborhood Residential 6 (NR-6) zoning district classification and use
designation to Neighborhood Residential Mixed Use (NRMU) 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 ofthis 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.
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s: \Our Documents\Ordinances\05\Z05 -0009 .doc
SECTION 6. That 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 Den ton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the It/tit day of 9~ ,2005.
L~~~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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S:\Our Documents\Ordinanccs\05\Z05-0009.doc
EXHIBIT A
4.50 ACRES
ALL that certain lot, tract, or parcel of land situated in the W. DANIEL SURVEY. ABSTRACT NUMBER 378,
City of Denton. Denton County. Texas, and being 0 port of 0 called 33.33 acre tract of land described
in Deed from the Estate of Camillo D. Trammell to Joan B. Johnson, elal. os recorded In Clerk's Ale
Number 94-ROO46877 of the Real Property Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at PK nail found for the Southwest corner of sold tract, and In the East line of FM 1830,
in an asphalt road under opparent public use posted oS Hobson Lane:
THENCE North 00 degrees 05 minutes 39 seconds West along or near a fence with the East line of
said FM t830 a distance of 186.70 feet to a wooden right-of-way monument found in the Easterly
right-of-way of State Highway 377 olkla Fort Worth Drive at the beginning of a curve to the left
having 0 radius of 3334.04 feet, and 0 chord bearing of North 21 degrees 02 minutes 40 seconds
East and 0 Delta of 05 Degrees 37 Minutes 04 Seconds;
THENCE along sold curve to the left along or near a fence with the East line of said State Highway
377 on arc distance of 326.89 feet to 0 1/2" copped iron rod found in the South line of 0 Third
Tract described in a deed to Ronnie lee Hillard and David Fulton as recorded in Clerk's Flle Number
95-ROO30415 of the Real Property Records of Denton County, Texas, for the Southwest carner thereof;
- THENCE South 88 degrees 5J minutes 20 seconds East with the South line thereof, a distance of
321.67 feet to a 1/2- capped iron rod set, for the Northeast comer of herein described tnlct
THENCE South, a distance of 485.43 feet to a PK nail set in said Hobson Lane, and at the Southeast
comer of herein described tract;
THENCE West, with said Hobson Lone, a distance of 438.64 feet to the POINT OF BEGINNING and
containing 4.50 acres of land, more or loss.
FLOOD STATEMENT: I have examined the F.E.M.A. Flood Insurance Rate Mop for the City of Denton,
Denton County, Texas, Community Number 48019...., effective date 4-2-97 and that map indicates that
part of this property Is within Lone A- defined os "speciol Flood Hazard Areas inurdated by 1 aD-year
flood" as shown Tn Panel 0370 E of said mop. This Flood Statement doos not imply thot the property
and lor the structures thereon will be free from flooding or flood damage, on rare occasions, greater
floods can and will occur and flood heights may be increased by man-made or natural CC1uses. This
Flood Statement shall not create liability on the port of the surveyor.
CERTIFY TO VANDERLAAN, NEWlAND '" ASSOCIATES REAl ESTATE
I hereby certify that U\is survey hos been prepared from an accurate on-the-ground survey of the
premises depicted hereon and described in the legal description attached hereto, conducted under my
direction and supervisIon on 10/25/00 and that the findings and results of sold survey ore true and
correct to the best of my knowledge and belief and that tho size, type and location of visible and
apparent permanent improvements ore as shown, _ and that said survey correctly shows the location of
all alleys, streets. maintained rights-of-way. and easements of record, os supplied to me. of which the
undersigned is aware or has been advised affecting the SUbject premises according to the descriptions
of record, and thet except as shown there are no visible or apparent intrusions. conflicts or
protrusions. This survey substantially complies with the current Texas Society of Professional Surveyors
Standard. and Specifications for a Category 1 B, Condition 11 Survey.
J.E. THOMPSON II R.P.LS. No 4857
NOTE: This survey sketch was performed without the benefit of schedule A Be 8 or TItle Binder.
NOTE: This survey may not comply with the subdivision regulations of the City of Denton.
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