2014-402s:\legal\our docurnents\ardinances\14�z14-0617.docx
ORDINANCE NO. 2014-402
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
REZONING FROM A NEIGHBORHOOD RESIDENTIAL 4(NR-4) ZONING DISTRICT
TO A COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT ON
APPROXIMATELY 7.02 ACRES OF LAND. THE SUBJECT PROPERTY IS
GENERALLY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION
OF TEASLEY LANE (FM 2181) AND HICKORY CREEK ROAD, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY
AND AN EFFECTIVE DATE (Z14-0017).
WHEREAS, Cecil Cheshier, has applied for a change in zoning from Neighborhood
Residential4 (NR-4) to Community Mixed Use General (CM-G) on approximately 7.02 acres of
land legally described in Exhibit "A" and depicted in Exhibit "B", attached hereto and
incorporated herein by reference (hereinafter, the "Property"); and
WHEREAS, after providing notice and after conducting a public hearing on October 22,
2014 as required by law, the Planning and Zoning Commission recommended approval (7-0) of
the requested zoning; and
WHEREAS, after providing notice and after conducting a public hearing on November
18, 2014 as required by law, the City Council finds that the zoning is consistent with the Denton
Plan and is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true.
SECTION 2. The Property is hereby assigned a Community Mixed Use General zoning
district classification and use designation. Notwithstanding the attached real property
description, the property being zoned includes all property to the centerline of all adjacent street
rights-of-way
SECTION 3. The City's official land use map is amended to show the change in the land
use designation.
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 � W����"��r�!���°°�-� , 2014A
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fµ 1I1�. �, WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA l��,i��(��ESS, CITY � lro'���RNEY
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EXHIBIT A
LEGAL DESCRIPTION
Being all that certain lot, tract or parcel of land situated in the Eli Pickett Survey, Abstract
Number 1018 in the City of Denton, Denton Courity, Texas and being a part of Parcel 2 of
Lexington Park South, an addition to the City of Denton, Denton County, Texas, according
to the Conveyance Plat thereof as recorded in Cabinet S, Page 299 of the Plat Records,
Denton Cour�ty, Texas and being a part of a tract of land described in a deed to Dwight
Thompson Ministries, Inc,, as recorded in County Clerk's File Number 1995-24387 Real
Property Records, Denton Courity, Texas; the subject tract being more particularly
described as follows;
BEGINNING at TX DOT monument found at a corner clip being in the Westerly Right of
Way of F.M. 2181 and the North Right of Way of Hickory Creek Road;
South 43 degrees 54 minutes 37 seconds West with the Northerly Right of Way line of
said Hickory Creek Road a distance of 21.04 feet to a TX DOT monumerit found;
South 89 degrees 55 minutes 12 seconds West with said Northerly Right of Way a
distance of 165.60 feet to a capped iron rod stamped 'TNP" found ;
South 00 degrees 38 minutes 47 seconds East with said Northerly Right of Way a
distance of 10.02 feet to a capped iron rod stamped 'TNP" found;
Thence South 89 degrees 46 minutes 30 seconds West with said Northerly Right of
Way a distance of 67.78 feet to a capped iron rod stamped "TNP" found;
Thence South 85 degrees 18 minutes 03 seconds West with said Northerly Right of
Way a distance of 135.03 feet to a capped iron rod stamped 'TNP" found;
Thence South 80 degrees 44 minutes 39 seconds West with said Northerly Right of
Way a distance of 159.48 feet to a capped iron rod stamped 'TNP" found;
Thence South 89 degrees 55 minutes 44 seconds West with said Northerly Right of
Way a distance of 59.61 feet to a capped iron rod stamped "TNP" found for the
Southwest comer of the herein described tract and the Southeast corner of a tract of
land described in a deed to MLM Family Trust as recorded in County Clerks File
Number 199fr59630 Real Property Records, Deriton County, Texas;
Thence North 00 degrees 09 minutes 33 seconds West with the East line thereof, passing a
;z° iron rod found at 446.85 feet the Southeast corner of Lot 2, Block A of Connell Addition,
an addition to the City of Denton, Denton County, Texas, according to the plat thereof as
recorded in Cabinet p, Page 75 of the Plat Records of Der�ton Courity, Texas and
continuing along said course a total distance of 543.71 feet to point for the Northwest comer
of the herein described tract;
Thence East a distance of 587.80 feet to a point for comer in the Westerly Right of Way of
said F. M. 2181;
Thence South 04 degrees 21 minutes 33 seconds East a with the Westerly line thereof a
dlstance of 2.94 feet to a TX DOT monument found;
Thence South 01 deyrees 32 minutes 57 seconda East with the Weeterly Rlght of Way of
sald F.M. 2181 a dlstance of 476.49 feet to the PLACE OF BEGINNING and enclosing 7.02
acres of land more or less.
EXHIBIT B
LOCATION MAP