2014-404s:\legal\our dacurstents\ord�nancesil4�c14-0618.docx
ORDINANCE NO. 2014-404
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
REZONING FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) AND
NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT
AND USE CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL 6(NR-6)
ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 15.777
ACRES OF LAND. THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE
NORTH SIDE OF POCKRUS PAGE ROAD, APPROXIMATELY 760 FEET EAST OF
CAMINO REAL TRAIL AND 625 FEET WEST OF POST OAK BOULEVARD, 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 (Z14-0018).
WHEREAS, Rod Zielke, has applied for a change in zoning ,from Neighborhood
Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12)
zoning district and use classification to Neighborhood Residential 6(NR-6) zoning district and
use classification on approximately 15.777 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 iindings and recitations contained in the preamble of this ordinance
are incorporated herein by reference as true.
SECTION 2. The Property is hereby assigned a Neighborhood Residential 6 zoning
district and use classification 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 �����"��,�"��'� ��� �, 2014.
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CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT A
LEGAL DESCRIPTION
Being 15.777 acres of land located in the Gideon Walker Survey, Abstract No. 1330, Denton
Courity, Texas, being a portion of the tract of land described in the deed to Astra Carmel, LLC,
recorded in County Clerks Document No. 2014-64319, Deed Records, Denton Courity, Texas.
Said 15.777 acres of land being more particularly described as follows:
BEGINNING at the Southwest corner of said Astra Carmel tract being the Southeast corner of
Villages of Carmel Phase I, an addition to the City of Denton, Denton Courity, Texas according to
the Amended Plat recorded in Cabinet X, Page 444, Plat Records, Denton County Texas;
THENCE N00°35'19"E, a distance of 952.43 feet along the common line of said Astra Carmel
tract and the Villages of Carmel Phase I, to a point in a Southwest line of TRACT 1 of Exhibit B
described in City of Denton City ordinance No. 2003-375;
THENCE S42°57'29"E, a distance of 167.71 feet to a point at a South corner of said TRACT 1;
THENCE N47°02'31 "E, along a Southeast line of said TRACT 1, at a distance of 135.0� feet
passing a point at the South corner of a tract of land described in Exhibit A in City of Der�ton, City
ordinance No. 2004142, in all a distance of 233.87 feet to a poirit in the common line of said
Astra Carmel tract and a tract of land described in the deed to VOC1 B, LLC recorded in County
Clerks Document No. 2013-6738;
THENCE S87°53'05"E, along the common line of said Astra Carmel tract and the VOC1 B, LLC
tract at a distance of 324.59 feet passing the Southeast corner of said VOC1 B, LLC tract in all a
distance of 432.69 feet to point;
THENCE S02°06'S5"W, a distance of 805.93 feet to a point;
THENCE S87°53'05"E, a distance of 51.87 feet to a point;
THENCE S�2°06'S5'1!1!, a distance of 192.07 feet to a point in the South line of said Astra Carmel
tract;
THENCE N87°58'49"W, a distance of 743.09 feet along said South line of the Astra Carmel tract
to the poir�t of beginning, containing 15.777 acres of land.
The bearings recited hereon are oriented to NAD 83 North Cer�tral Texas Zone.
EXHIBIT B
LOCATION MAP