2006-251
ORDINANCE NO. ,;((}06 - ,;{o!
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT
TO A COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT, EN€OMPASSING
3.358-ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF UNIVERSITY
DRIVE AND OLD NORTH ROAD AND LEGALLY DESCRIBED AS TRACT I, OF THE W.
LLOYD SURVEY, ABSTRACT NUMBER 773, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z06-
0012)
WHEREAS, Imperium Holding L.P. has applied for a change in zoning for approximately
3.58 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district
classification and use designation to Community Mixed Use General (CM-G) zoning district
classification and use designation; and
WHEREAS, on August 9, 2006, 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.
SECTION 2. The zoning district classification and use designation is hereby changed from
Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation to
Community Mixed Use General (CM-G) zoning district classification and use designation for 3.358
acres ofland platted in the City of Denton, Denton County, Texas as Tract 1 of the W. Lloyd Survey,
Abstract Number 773, more particularly described in Exhibit "A", which is attached hereto and
incorporated herein by reference. Notwithstanding the above 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 ofthis 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.
f:/{
PASSED AND APPROVED this the IJ.. - day of J} IftF~ ,2006.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M S~DER;-C[TY-ATTORNE.y:
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EXHIBIT A
LEGAL DESCRIPTION
3.358 ACRES
BEING all that certain lot, tract, or parcel ofland situated in the W. Lloyd Survey Abstract Number 773 in
the City of Denton, Denton Cowlly, Texas, being all that certain tract ofland conveyed by deed from Hue
Leita Fry to Hayden Fry recorded in Volume 3090, Page 309, Real Property Records, Denton County,
Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for corner in lhe south line of East University Drive (also known as
United States Highway Number 380), a public roadway, said point being the northeast corner of that certain
tract of land conveyed by deed from Denton Village Easl Apmtments, L. P. to M & A Texas VE, L TO
recorded in Volume 5344, Page 3719, Real Property Records, Denton County, Texas;
THENCE along the arc of a curve to the right having a central angle of 05038' 45", a radius of 3744.33
feet, an arc length of 368.96 feet, whose chord bears S 690 21' 11" E, 368.81 feel with said south line of
said East University Drive to concrete monument for comer at a right-of-way flare; .
THENCE S 280 32' 12" E, 134.47 feet with said right-of-way flare to a right-of-way disc found for comer
in the west line of Old the northeast comer of that certain tract of land conveyed by deed from Allie l.
Miller and wife, Mary B. Miller to Miller Family Trust, L TO, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE S 010 23' 29" W, ] 84.02 feet with said west line of said Old North Road to an iron rod found for
comer, said point being the northeast comer of th~t certain tract of land conveyed by deed from Allie 1.
Miller and wife, Mary B. Miller to Miller Family Trust, LTD, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE N 890 39' 06" W, 429.80 feet with the north line of said Miller Fmnily Trust tract to an iron rod
found for comer in the east line of said M & A Texas tract;
THENCE N 06" 42' 56" W, 57.12 feet with said east line of said M & A Texas traCtlO an iron rod found
for comer:
THENCE N 780 II' 27" E, 20.78 feet with said east line of said M & A Texas tract to an iron rod found for
comer;
THENCE N 010 44' 43" E, 368.72 feet with said east line of said M & A Texas tract to the PLACE OF
BEGINNING and containing 3.358 acres ofland. '
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EXHIBIT B
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