2003-089ORDINANCE NO. 461)N-40
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL - 6 (NR-6) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED
USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 7 ACRES OF LAND LOCATED IN THE WILLIAM ROARK SURVEY
EAST OF BONNIE BRAE AT VIN'T'AGE BOULEVARD 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. (Z03-0002)
WHEREAS, Joab Partners, L.P. has applied for a change in zoning for approximately 7 acres
of land located east of Bonnie Brae at Vintage Boulevard and more 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 district classification and use designation; and
WHEREAS, on February 12, 2003, 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 Property is hereby
changed from Neighborhood Residential 6 (NR-6) 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 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.
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.
PASSED AND APPROVED this the d?day of
Aa~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: `
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY
PAGE 2
I
Exhibit A
Legal Description for the proposed non-residential property known
as
"The Meadows at Hickory Creek"
LEGAL DESCRIPTION:
7.073 aces situated in the W illam Roark Survey, Abstract No. 1087, Denton
County, Texas, being a portion of a certain 95.559 acm tract of land
conveyed to Joab Partners, L.P., by dead recorded In Vol. 4203, Pg. 855,
Deed of Records, Denton County, Texas, said 7.073 acres being described
particularly as follows:
BEGINNING at a point in Bonnie Brea Street (R,O.W. varies) being S 00
degrees 28 minutes 58 seconds Wed, 1,740.17 feet from a one Inch Iron found
at the called northwest comer of said W. Roark Survey;
THENCE South 89 degrees 34 minutes 20 seconds East, 349.55 feet to a point
for a comer,
THENCE South 00 degrees 25 minutes 34 seconds West, 881.85 feet to a point,
for a comet;
THENCE North 89 degrees 29 minutes 09 seconds West, 349.55 feet to a point
for a comer,
THENCE North 00 degrees 25 minutes 34 seconds East, 881.11 feet to the Place
Or Beginning and containing some 7.073 aces of land, more or lose.