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ORDINANCE NO. 6M'� —/9?
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 12 (1, M -12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 0.8 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF ELM STREET AND TALIAFERRO STREET INTERSECTION AND LEGALLY
DESCRIBED AS TRACTS 95 AND 96 OF ABSTRACT N. MEISENHEIMER SURVEY;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z02-0005)
WHEREAS, Tim Beaty initiated a change in zoning for approximately 0.8 acres of land from
Neighborhood Residential 3 (NR-3) zoning district classification and use designation to
Neighborhood Residential Mixed -Use 12 (NRMU-12) zoning district classification and use
designation; and
WHEREAS, on May 22, 2002, the Planning and Zoning Commission concluded a public
hearing as required by law, after which a motion to recommend approval of the requested change in
zoning was passed; and
WHEREAS, the City Council finds that the change in zoning 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 approximately 0.8
acres property described in the legal description attached hereto and incorporated herein as Exhibit A
is changed from Neighborhood Residential 3 (NR-3) zoning district classification and use
designation to Neighborhood Residential Mixed -Use 12 (NRMU-12) zoning district classification
and use designation.
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
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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 104 day of 2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: f
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Lev d&/�__
EULINE BROCK, MAYOR
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Exhibit A
0.78 ACRES
FIELD NOTES to all that certain lot, tract or parcel of land situated In the N.H. Meisenheimer Survey,
Abstract Number 247, and the D.O. Goddard Survey, Abstract Number 811, City of Denton, Denton County,
Texas; and being all of a called 0.794 Tract One and Two described In the deed to PHCF, Inc. recorded in
Volume 4425. Page 1757. Deed Records, Denton County, Texas, the subject tract being more particularly
described as follows;
BEGINNING for the Northwest comer of the tract being described herein at a ROW Monument found at the
Intersection of the East line of North Elm Street and the South line of Talleferro Street, same being the
Northeast comer of a save and except tract described In the dead from E.E. Wright, Jr. and E.E. Wright, III
to the State of Texas recorded in Volume 4308, Page 1632. of the Real Property Records of Denton County,
Texas;
THENCE South 89 degrees 58 minutes 25 seconds East along the South line of said Tallaferro Street for a
distance of 129.87 feet to a Metal Fence Corner Post for the Northeast corner of the tract being described
herein, same being the Northwest corner of a called 0.457 acre tract described In the deed to Lawrence
Kevin Guess and Angela Kay Guess recorded In Volume 2333, Page 580, Deed Records, Denton County,
Texas;
THENCE South 00 degrees 01 minutes 56 seconds West along and near a fence for a distance of 108.97
feet to a Metal Fence Corner Post for corner, same being the Southwest corner of said Guess tract and the
Southeast comer of sold Tract One:
THENCE South 88 degrees 29 minutes 08 seconds East with the South line thereof for a distance of 36.70
feet to a 112-inch iron rod found for comer, some being the Northwest comer of a called 1.5 acre tract
described in the deed to Mabel E. Maxcy Living Trust recorded in Volume 3333, Page 64, Deed Records,
Denton County, Texas and the Northeast corner of said Tract Two;
THENCE South 00 Degrees 17 Minutes 07 Seconds East with the West line thereof for a distance of 115.77
feet to a Metal Fence Corner Post for the Southeast comer of the tract being described herein In the West
line of said Maxcy tract, same being the Southeast comer of said Tract Two;
THENCE North 88 degrees 34 minutes 53 seconds East along and near a fence for a distance of 172.83
feet to a 1 f2-Inch Iron rod found for the Southwest corner of the tract being described herein, some being the
Southwest comer of said Tract Two In the East rlght-of-way of North Elm Street;
THENCE North 00 degree 00 minute 42 Seconds East with the East right-of-way line of said Street a
distance of 104.29 feet to a ROW Monument found for corner some being the South corner of said save and
except tract;
THENCE North 02 Degrees 46 Minutes 37 Seconds East with the East right-of-way of said Street a distance
of 117.34 feet to the POINT OF BEGINNING and enclosing 0.78 acres more or less.
This survey sketch correctly represents the results of an on -the -ground survey made under my direction and
supervision on 06-13-00. There are no apparent intrusions, protrusions, or easements except as shown
hereon.
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