2007-006
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S:\Our Documents\Ordinances\06\Z06-0023.doc
ORDINANCE NO. 2 ()C1- 000
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A PLANNED DEVELOPMENT DISTRICT (PD-176) TO A!i
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NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT'
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.84 ACRES,
GENERALLY LOCATED ON THE SOUTHEAST CORNER OF HICKORY CREEK ROAD
AND TEASLEY LANE, AND LEGALLY DESCRIBED AS TRACT OF LAND SITUATED
IN THE BARRY MERCHANT SURVEY, ABSTRACT NUMBER 800, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF THE WHEELER
RIDGE PHASE FOUR, LOT IX, BLOCK BB; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A .,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0023)
WHEREAS, Regency Centers has applied for a change in zoning for approximately 0.84
acres from a Planned Development District (PD- I 76) zoning district to Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation: and
WHEREAS, on December 6, 2006, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning; Ii
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 I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district classification and use designation for 0.84 acres ofland
described in Exhibit "A" attached and incorporated for all purposes herein (the "Property"), as a
tract of land situated in the Barry Merchant Survey, Abstract No. 800, in the City of Denton,
Denton County, Texas; said tract being all of Wheeler Ridge Phase Four, Block BB, is hereby
changed from a Planned Development District (PD- 176) zoning district to Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation.
Notwithstanding the above real property description, the property being rezoned includes all I'
property to the centerline of all adjacent street rights-of-way.;'
SECTION 3. The City's official zonirg map is amended to show the change in zoning
district classification and 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 affect the validity of the
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.
tit 7/;
PASSED AND APPROVED this the tJ - day of ' v Jlll.lJfY, 2007.
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PERR cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY I
BY~+~~'0
APPROVED AS-TO'L"EGALFORM:
EDWIN-M:SNYDER, CITY A TTORNE
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Exhibit A
LOT iX, BLOCK BB
Bany Merchant Survey, Abstract No. 800
City of Denton, Denton County, Texas
DESCRIPTION, of a 36,586 square foot (0.840 acre) tmct of land s"uated In the Bany Merchant Survey,
Abstract No. 800, Denton Counly. Texas; said tract being all of Lot 1X, Block BB (Common area H.O.A.)
of Wheeler Ridge Phase Four, an add"ion to the Cily of Denton, Denton County, Texas according 10 the
pIaUhereof recorded in Cabinet W, Page 677 of the Plat Racords of Denton County, Texas, same being
all of a tract of land described in Special Warranty Deed to Herschel V. Forester, Trustee for 2181 Joint
Venture recorded in Instrument No. 2006-13327 ofthe Deed Records of Denton County, Texas; said
36,586 square foot tract being more particularly described as follows:
BEGINNING, at a poInt for comer atthe.intersection oflhe east right-of-way line ofTeasIey Lane (F.M.
2181) (a variable width right-of-way) and the south right-of-way line of Hickory Creek Road (a 100-foot
wide right-of-way); from said point a 5/8-inch Iron rod w"h "Mycoskle Mcinnis" cap found bears South 88
degrees, 25 minutes, 50 seconds West, a distance of 15.00 feet;
THENCE, along the said south line of Hickory Creek Road, the following three (3) calls:
North 88 degrees, 25 minutes, 50 seconds East, a distance of 84.99 feet to a point for comer;
said point being at the beginning of a tangent curve to the right;
In a southeasterly direction along said curve to the right, having a central angle of 27 degrees, 16
minutes, 32 seconds, a radius of 700.00 feet, a chord bearing and distance of South 77 degrees,
55 minutes, 54 seconds East, 330.09 feet, an arc distance of 333.23 feet to a point for the end of
said curve; said point being the beginning of a reverse curve to the left;
In a southeasterly directIon along said curve to the left, having a central angle of 05 degrees, 56
minutes, 34 seconds, a radius of 800.00 feet, a chord bearing and distance of South 67 degrees,
15 minutes, 56 seconds East, 82.94 feet, an arc distance of 82.98 feet to a SIB-inch iron rod with
"Mycoskie Mclnnis" cap found for the end of said curve; said point also being on the north line of
the second referenced Forester tract;
THENCE, South 89 degrees, 23 minutes, 58 seconds West, along said north line of the second
referenced Forester tract, a distance of 481.60 feet to a point for comer on the said east line of Teasley
Lane; said point being the southwest comer of said Lot1X, Block BB;
THENCE, North 01 degrees, 28 minutes, 43 seconds West, along said east rlght-of-way line of Teasley
Lane, a distance of 103.82 feet to the POINT OF BEGINNING;
CONTAINING: 36,586 square feet or 0.840 acres of land, more or less.
0840 acre tract.doc
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