2008-046s:\our documents\ordinances\08\7,07-001 8.doc
ORDINANCENO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, COMPRISING 26.12 ACRES OF LAND LOCATED AT THE SOUTHEAST
CORNER OF MCKINNEY STREET AND MACK DRIVE; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY
AND AN EFFECTIVE DATE. (Z07-0018)
WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for
approximately 26.12 acres of land legally described in Exhibit A, attached hereto and incorporated
herein by reference (hereinafter, the "Property") from a Neighborhood Residential Mixed Use 12
(NRMU-12) zoning district classification and use designation to a Neighborhood Residential Mixed
Use (NRMU) zoning district classification and use designation; and
WHEREAS, on January 9, 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 Residential Mixed Use 12 (NRMU-12) to Neighborhood Residential
Mixed Use (NRMU). 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.
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.
sAour documents\ordinances\08\7.07-0018.doe
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 /M day of 12008.
7
PE R. MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
iY
APPROVED AS TO LEGAL FORM:
s:\our documents\ordinances\08\67-001 8.doc
EXHIBIT A
LEGAL DESCRIPTION
TRACTI
BEING a 18.532 acre tract of land situated in the T. M. Downing Survey, Abstract No. 346, City of Denton,
Denton County, Texas, said tract being all of that certain tract of land described in deed to Gerard Roland Vela
and Emma Lamar Vela recorded in Volume 3225, Page 252 of the Real Property Records of Denton County,
Texas, said 18.532 acre tract being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod found for comer in the south right-of-way line of East McKinney Street (a
100-foot wide right-of-way), said point being the most northerly northeast comer of said Vela tract and the
northwest corner of that certain tract of land described in deed to R. L. Tyson and Viola Tyson recorded in
Volume 918, Page 318 of the Real Property Records of Denton County, Texas;
THENCE South 01 degrees 10 minutes 58 seconds East, with the west line of said Tyson tract, a distance of
348.74 feet to a 3/4-inch iron rod found for the southwest corner of said Tyson Tract;
THENCE North 88 degrees 18 minutes 36 seconds East, with the south line of said Tyson tract, a distance of
149.84 feet to a 5/8-inch iron rod found for comer in'the west line of that certain tract of land described in deed
to Gary Dennis Dillard and Jaymi Chris Dillard recorded in Volume 1188, Page 730 of the Real Property
Records of Denton County, Texas, said point being',the southeast corner of said Tyson tract;
THENCE South 00 degrees 51 minutes 23 seconds East, with the west line of said Dillard tract, a distance of
457.10 feet to a 1/2-inch iron rod with yellow cap marked "Arthur Surveying Company" set for corner in the
north line of that certain tract of land described in deed to Staff Realty, Inc. recorded in Instrument No. 94-
R0006845 of the Real Property Records of Denton County, Texas, said point being the southwest corner of
said Dillard tract;
THENCE South 88 degrees 48 minutes 00 seconds West, with the north line of said Staff Realty tract, a
distance of 872.16 feet to a 1/2-inch iron rod found for the southeast comer of that certain tract of land
described in deed to Terrano Realty, Inc. recorded in Instrument No. 2005-157409 of the Real Property
Records of Denton County, Texas;
THENCE departing the north line of said Staff Realty tract and with the east line of said Terrano Realty tract,
the following five (5) calls:
North 04 degrees 29 minutes 00 seconds West, a distance of 198.20 feet to a 1/2-inch iron rod with
yellow cap marked "Arthur Surveying Company" set for the beginning of a curve to the left;
With said curve, having a central angle of 17 degrees 28 minutes 02 seconds, a radius of 975.52 feet, a
chord bearing and distance of North 13 degrees 18 minutes 53 seconds West - 296.25 feet, an are
distance of 297.40 feet to a 1/2-inch iron rod found for the end of said curve;
North 21 degrees 56 minutes 54 seconds West, a distance of 190.00 feet to a 1/2-inch iron rod found
for the beginning of a curve to the right;
With said curve, having a central angle of 21 degrees 00 minutes 58 seconds, a radius of 674.44 feet, a
chord bearing and distance of North 11 degrees 27 minutes 50 seconds West - 246.00 feet, an arc
distance of 247.39 feet to a 1/2-inch iron rod found for the end of said curve;
North 00 degrees 58 minutes 0 seconds West, a distance of 64.00 feet to a 1/2-inch iron rod with
yellow cap marked "Arthur Surveying Company" set for comer in the said south right-of-way line of
East McKinney Street, said point being the northeast comer of said Terrano Realty tract;
THENCE with the said south right-of-way line of East McKinney Street, the following three (3) calls:
South 88 degrees 54 minutes 30 seconds East, a distance of 260.74 feet to a 1/2-inch iron rod found
for the beginning of a curve to the right;
With said curve, having a central angle of 15 degrees 41 minutes 40 seconds, a radius of 1378.90 feet,
a chord bearing and distance of South 81 degrees 05 minutes 29 seconds East - 374.53 feet, an arc
distance of 377.71 feet to a 1/2-inch iron rod with yellow cap marked "Arthur Surveying Company"
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set for the end of said curve;
South 73 degrees 14 minutes 40 seconds East, a distance of 292.62 feet to the POINT OF
BEGINNING, containing 18.532 acres of land, more or less and being subject to any and all
easements that may affect.
TRACTII
BEING a 7.366 acre tract of land situated in the T.'M. Downing Survey, Abstract No. 346, City of Denton,
Denton County, Texas, said tract being all of that certain tract of land described in deed to Terrano Realty, Inc.
recorded in Instrument No. 2005-157409 of the Real Property Records of Denton County, Texas, said 7.366
acre tract being more particularly described as follows:
BEGINNING at a concrete monument found for comer in the south right-of-way line of East McKinney Street
(a 100-foot wide right-of-way), said point being the northwest corner of said Terrano Realty tract and the
northeast corner of that certain tract of land described as "Second Tract" in deed to the City of Denton recorded
in Volume 621, Page 455 of the Real Property Records of Denton County, Texas;
THENCE South 88 degrees 54 minutes 30 seconds East, with the said south right-of-way line of East
McKinney Street, a distance of 320.20 feet to a 1/2-inch iron rod with yellow cap marked "Arthur Surveying
Company" set for the northwest corner of that certain tract of land described in deed to Gerard Roland Vela
and Emma Lamar Vela recorded in Volume 3225, Page 252 of the Real Property Records of Denton County,
Texas; I
THENCE departing the said south right-of-way line of East McKinney Street and with the west line of said
Vela tract, the following five (5) calls:
South 00 degrees 58 minutes 00 seconds East, a distance of 64.00 feet to a 1/2-inch iron rod found for
the beginning of a curve to the left;
With said curve, having a central angle of 21 degrees 00 minutes 58 seconds, a radius of 674.44 feet, a
chord bearing and distance of South 11 degrees 27 minutes 50 seconds East - 246.00 feet, an arc
distance of 247.39 feet to a 1/2-inch iron rod found for the end of said curve;
South 21 degrees 56 minutes 54 seconds East, a distance of 190.00 feet to a 1/2-inch iron rod found
for the beginning of a curve to the right;
With said curve, having a central angle of 17 degrees 28 minutes 02 seconds, a radius of 975.52 feet, a
chord bearing and distance of South 13 degrees 18 minutes 53 seconds East - 296.25 feet, an arc
distance of 297.40 feet to a 1/2-inch iron rod with yellow cap marked "Arthur Surveying Company"
set for the end of said curve;
South 04 degrees 29 minutes 00 seconds East, a distance of 198.20 feet to a 1/2-inch iron rod found
for corner in the north line of that certain tract of land described in deed to Staff Realty, Inc. recorded
in Instrument No. 94-R0006845 of the Real Property Records of Denton County, Texas, said point
being the southwest comer of said Vela tract;
THENCE South 88 degrees 48 minutes 00 seconds West, with the north line of said Staff Realty tract, a
distance of 317.68 feet to a concrete monument found for the southeast corner of said City of Denton tract;
THENCE departing the north line of said Staff Realty tract and with the east line of said City of Denton tract,
the following six (6) calls:
North 05 degrees 59 minutes 46 seconds West, a distance of 256.30 feet to a concrete monument
found for comer;
North 14 degrees 29 minutes 52 seconds West, a distance of 47.30 feet to a 1/2-inch iron rod found for
the beginning of a curve to the left;
With said curve, having a central angle of 06 degrees 59 minutes 40 seconds, a radius of 619.82 feet, a
chord bearing and distance of North 18 degrees 30 minutes 30 seconds West - 75.62 feet, an arc
distance of 75.67 feet to a 1/2-inch iron rod found for the end of said curve;
North 21 degrees 50 minutes 54 seconds West, a distance of 190.00 feet to a concrete monument
found for the beginning of a curve to the right;
With said curve, having a central angle of 20 degrees 59 minutes 46 seconds, a radius of 998.17 feet, a
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chord bearing and distance of North 11 degrees 27 minutes 11 seconds West - 363.74 feet, an arc
distance of 365.78 feet to a 1/2-inch iron rod found for the end of said curve;
North 01 degrees 17 minutes 19 seconds West, a distance of 74.72 feet to the POINT OF
BEGINNING, containing 7.366 acres of land, more or less and being subject to any and all easements
that may affect.
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