2008-045
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2008045
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SupersededandreplacedbyOrdinanceNo.201407503/04/14JR
• - s:\our doeummN\ordinances\08\z07-0025 mdinance.dncx
ORDINANCE NO. oWcI - O4~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL
MIXED USE (NRMLI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
WITH AN OVERLAY DISTRICT, COMPRISING 54.24 ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF TEASLEY LANE AND RYAN ROAD; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0025)
WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for
approximately 54.25 acres of land legally described in Exhibit A, attached hereto and incorporated
herein by reference (hereinafter, the "Property") from a Neighborhood Residential 2 (NR-2) zoning
district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning
district classification and use designation, with an overlay district; and
WHEREAS, on January 23, 2008, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, 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 the Property is hereby
changed from Neighborhood Residential2 (NR-2) to Neighborhood Residential Mixed Use (NRMU)
zoning district with an overlay district, containing the following additional restrictions and
conditions:
a. Only 50 percent of the Property maybe developed as commercial retail; and
b. No multi-family dwellings are permitted in that portion of the Property fronting Teasley
Lane, as shown in Exhibit B, attached hereto and incorporated herein by reference.
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 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.
s:\our dwuments\ordinances\08\z07-0025 mdinance.docx
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 aprovision 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 zwzday of
ATTEST:
McNEILL, MAYOR
JENNIFER WALTERS, CITY SECRETARY
EXHIBIT A
DESCRIPTION
2,363,202 S.F. 154.2517 ACRE TRACT
SITUATED IN THE J. FISHER SURVEY, ABSTRACT 1018
DENTON COUNTY. TEXAS
BEING a tract of land situated in the J. Fisher Survey, Abstract Number 421, and the E. Picket Survey,
Abstract Number 1018, Denton County, Texas, and being a portion of that certain tract of land to
Lakewood West Joint Venture recorded in Volume 2741, Page 887, Real Property Records, Denton
County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with an NDM plastic cap found for corner in the westerly right-of-way
line of F.M. 2181, also known as Teasley Lane (called 90' public right-of-way) for the northeast corner
of the herein described tract;
THENCE South 19'1829 East, with said westerly right-of-way line of F.M. 2181, a distance of 494.39
feet to a 1/2 inch iron rod with an NDM plastic cap found for corner at the beginning of a non-tangent
curve to the left, said non-tangent curve having a central angle of 13°4630", a radius of 2211.24 feet, a
tangent length of 267.10 feet, and a chord which bears S 26°3442 E, 530.34 feet;
THENCE with said westerly right-of-way line of F.M. 2181 and said non-tangent curve to the left, an arc
distance of 531.62 feet to a Wooden Highway Right-of-Way Post found for corner;
THENCE South 33°2757 East, continuing with said westerly right-of-way line of F.M. 2181, a distance
of 501.38 feet to a 1/2 inch iron rod with an NDM plastic cap found for corner, said iron rod being at the
most northerly corner of Lot 1, Black A, Lakewood Convenient Addition, an addition to the City of Denton
recorded in Cabinet N, Slide 51, Plat Records, Denton County, Texas;
THENCE South 56°3943 West, with the northwest line of said Lakewood Convenient Addition, a
distance of 412.17 feet to a PK nail w/shiner found for corner, said PK nail being in the center of Ryan
Road (apparent prescriptive easement in use as a public road);
THENCE South 89°5846 West, with the center of said Ryan Road, a distance of 519.69 feet to a PK
nail found for corner, said PK nail being the northwest corner of Hickory Creek Heights, an addition to
the City of Denton recorded in Cabinet N, Slide 101, Plat Records, Denton County, Texas, from whence
a PK nail found bears N 00°4937° E, a distance of 6.21 feet;
THENCE South 89"5411' West, with the center of said Ryan Road, a distance of 299.90 feet to a PK
nail w/shiner found for corner;
THENCE North 89°5712 West, with said center of Ryan Road, a distance of 702.56 feet to a rock
found for corner at the southwest corner of the herein described tract, from whence a 5/8 inch iron rod
found bears N 34°2049 W, a distance of 2.59 feet;
THENCE North 01°5058 East, departing said Ryan Road and with the west line of the herein described
tract, a distance of 1606.71 feet to a 36 inch Oak Tree found for corner, said 36 inch Oak Tree also being
the southwest corner of a tract of land described to 2001 Halbert Family Trust recorded in CCF #2001-
128241, Real Property Records, Denton County, Texas;
THENCE South 88°5917 East, with the south line of said 2001 Halbert Family Trust tract, a distance of
1137.58 feet to the POINT OF BEGINNING and containing 54.2517 acres or 2,363,202 square feet of
land, more or less.
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