2012-135s:llegallour documents\ordinances\121z12-0001 pruett ord dra8.doc
ORDINANCE NO. 2012-135
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4(NR-4) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO COMMUNITY MIXED USE GENERAL
(CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, ON 7.12 ACRES,
LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF F.M.
428/SHERMAN ROAD AND HARTLEE FIELD ROAD, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z12-0001)
WHEREAS, Jared Redlin (Allison Engineering Group, Inc.) initiated a change in zoning for
approximately 7.12 acres of land described as Exhibit "A" (hereinafter the "Property"), from the
Neighborhood Residential 4(NR-4) zoning district classification and use designation to the
Community Mixed Use General (CM-G) zoning district classification and use designation; and
WHEREAS, on Apri125, 2012, 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 ORDAIN5:
SECTION 1. 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 4(NR-4)zoning district classification and use
designation to Community Mixed Use General (CM-G) zoning district classification and use
designation.
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 of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �C �Lti'�
E�ibit A
BEING all that certain lot, tract, or parcel of land situated in the S. McCracken Survey Abstract
Number 817 in the City of Denton, Denton County, Texas, being all that certain tract of land
conveyed by deed from Joe S. Wilson et al to Charles Ray Pruett and wife, Vicky June Pruett
recorded in Volume 845, Page 598, Deed Records, Denton County, Texas and being more
particularly described as follows:
BEGINNING at an iron rod found corner for corner in the east line of Farm-to-Market Highway
Number 428 (also known as Sherman Drive), a public roadway, said point being the northwest
corner of that certain "Tract I" of land conveyed by deed from F. D. I. C. to Tony A. Riley recorded
under Clerk's File number 93-R0019780, Real Property Records, Denton County, Texas;
THENCE N 30° 35' O1" E, 639.63 feet with said east line of said Farm-to-Market Highway to an
iron rod set for corner in Hartlee Field Road, a public roadway;
THENCE S 87° 49' 00" E, 551.30 feet with said Hartlee Field Road, said point being the northeast
corner of City of Denton City Limits;
THENCE S 30° 35' O 1" W, 639.63 feet, said point being the Southeast corner of said City of Denton
City Limits;
THENCE N 87° 49' 00" W, 551.30 feet with the north line of said Riley "Tract I" to the PLACE OF
BEGINNING and containing 7.12 acres of land.