2008-017s:\our documents\ordinances\09\z07-0024 ardinance.dmx
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM THE EXISTING NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION IN ONE PORTION, AND
ESTABLISHING INITIAL ZONING IN ANOTHER PORTION, BOTH PORTIONS TOGETHER
COMPRISING APPROXIMATELY 1.51 ACRES OF LAND LOCATED ALONG THE NORTH
SIDE OF TEASLEY LANE (FM 2181) AND NORTHWEST OF OLD ALTON ROAD, AND
DESIGNATING THE ZONING OF THIS COMBINED AREA UNDER THE NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; AND FURTHER PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE
DATE. (Z07-0024)
WHEREAS, Wild Mustang Crossing, Ltd., has applied for a Neighborhood Residential
Mixed Use (NRMU) zoning district classification and use designation on approximately 1.51 acres
of land, a portion of which is currently zoned Neighborhood Residential 2 (NR-2), and the remainder
awaiting initial zoning; and
WHEREAS, on December 12, 2007, after concluding a properly-noticed public hearing in
accordance with legal requirements, the Planning and Zoning Commission recommended approval of
the requested zoning; and
WHEREAS, after an additional properly-noticed public hearing in accordance with legal
requirements, the City Council finds that the change is consistent with the Denton Plan and the
Development Code; 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 zoning district classification and use designation for 1.51 acres of land
more particularly described in Exhibit "A" and depicted in Exhibit "B", both of which are attached
hereto and incorporated herein by reference (the "Property"), is hereby changed to or established as
the Neighborhood Residential Mixed Use (NRMUl) zoning district classification and use designation.
Notwithstanding the attached real property description, the property being rezoned includes all
property to the centerline of all adjacent street rights-of-way.
SECTION 3. The City's official land use map is hereby 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 Y& day of 2008.
FA,le
PERRY R. MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.,
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APPROVED AS TO LEGAL FORM:
EXHIBIT A
LEGAL DESCRIPTION
BEING A TRACT OF LAND LOCATED IN THE J.C. BAKER SURVEY, ABSTRACT No.
47, DENTON COUNTY, TEXAS, BEING ALL OF A TRACT OF LAND DESCRIBED IN A
DEED TO RONALD BERLIN AND DOROTHY BIRKELAND, RECORDED IN COUNTY
CLERK'S FILE No. 96-88962, DEED RECORDS, DENTON COUNTY, TEXAS
(D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT 5/8" IRON ROD FOUND BEING THE NORTHEAST CORNER OF
SAID BERLIN TRACT, BEING IN THE SOUTH LINE OF LOT 1, BLOCK A, TEASLEY
LANE HIGH SCHOOL ADDITION, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS, RECORDED BY PLAT IN CABINET V, PAGE 763, PLAT
RECORDS, DENTON COUNTY, TEXAS (P.R.D.C.T.). AND BEING THE NORTHWEST
CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JESSIE EVANS,
RECORDED IN VOLUME 2775, PAGE 340, D.R.D.C.T.;
THENCE S 06°14'36" W ALONG THE EAST LINE OF SAID BERLIN TRACT AN THE
WEST LINEOF SAID EVANS TRACT, 313.65 FEET TO A 1/2" IRON ROD FOUND
WITH A CAP STAMPED'ONSITE% BEING THE SOUTHWEST CORNER OF SAID
EVANS TRACT, BEING IN THE NORTHEAST RIGHT-OF-WAY LINE OF F.M. 2181
(A VARIABLE WIDTH PUBLIC R.O.W.), AND BEING IN A NON-TANGENT CURVE
TO THE RIGHT;
THENCE ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF SAID F.M.2181 AND
ALONG SAID NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
1095.92 FEET, A DELTA ANGLE OF 24°15'38", A CHORD BEARING N 47-45-42-
W, 460.58 FEET, AND AN ARC LENGTH OF 464.04 FEET TO A 1/2" IRON ROD
SET WITH A CAP STAMPED "WIER & ASSOC. INC-%
THENCE N 89°40'02" E, AT 21.53 PASSING THE SOUTHWEST CORNER OF SAID
LOT 1, AND CONTINUING IN ALL A DISTANCE OF 375.11 FEET TO THE PLACE
OF BEGINNING AND CONTAINING 1.514 ACRES (65,970 SQUARE FEET) OF
LAND.
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EXHIBIT B
LOCATION MAP
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