2004-063O ANCENO. d, O0 /-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL - 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED
USE 0XlRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 2.99 ACRES OF LAND LOCATED APPROXIMATELY 250 FEET SOUTH
OF BENT OAKS DRIVE, APPROXIMATELY 85 FEET WEST OF TEASLEY LANE IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE.
(Z03-0038)
WHEREAS, Isbell Engineering Group, Inc. has applied for a change in zoning for
approximately 2.99 acres of land located approximately 250 feet south of Bent Oaks Drive,
approximately 85 feet west of Teasley Lane and more particularly described in Exhibit "A" attached
hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 3
(NR-3) zoning district classification and use designation to Neighborhood Residential Mixed Use
(NRMU) zoning district classification and use designation; and
WHEREAS, on January 28, 2004, 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 Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the Propertyis hereby
changed from Neighborhood Residential 3 (NR-3) zoning district classification and use designation
to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use.
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.
.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 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.
PASSEDAND APPROVEDthisthe~//~dayof ~/~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
02/17/2004 14:46 ~4045874i? ISBELL ENGINEERING PAGE 82
Exhibit A
0.2992~ Acres
All that certain tract or parcel of land that is situated in the C. Poullalier Survey,
Absract No. 1006, Denton County, Texas, being a part of a tra~t deeded by John
M. Avinger, et al to Henry S. Miller Company on the 11~h day of November, 1976,
and recorded in Volume 812, Page 235~ Deed Records of Denton County, Texas,
and being more fully {3esCribed as follows:
Commencing at the southeast corner of said Henry S. Miller Tract on the east
boundary line of the C. Poullalier Survey in the middle of a north-south road;
Thence North 00 degrees 35 minutes and 21 seconds east with the east
boundary line of said tract and of said survey in tile public road a distance of
777.00 feet to an iron pin at the point of beginning;
Thence North 89 degrees 08 minutes and 40 seconds west pass at 184.51 feet
the northeast co~ner of a 1.492 acre tract from Alden E. Wagner, et al. to Kyte O.
Thompson, et al, recorded in Volume 742, Page 334, Deed Records of Denton
County, and continuing a total ctistance of 444.51 feet to an iron pin at the
northwest corner of said 1.492 acre tract:
Thence North 00 degrees 51 minutes and 50 seconds east a distance of 243.19
feet to an iron pin;
Thence South 89 degrees 16 minutes and 45 seconds east a distance of 443.10
feet to an iron pin on the east boundary line of the C. Poullalier Survey in the
north-south public road;
Thence South 00 degrees 35 minutes and 21 seconds west with said survey line
in said road a distance of 294.25 feet to the point-of-beginning and containing
2.9924 acres of land, there being a 30 foot ingress and egress easement aiong
the entire south boundary line of this tract_