2007-093s \our documents\ordinancesV07~z07-0006.ds
ORDINANCE NO. ZDO'I - D y,7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO A
NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, THE AREA
PROPOSED FOR ZONING CHANGE ENCOMPASSING APPROXIMATELY 0.66 ACRES OF
LAND LOCATED ON THE SOUTHWEST CORNER OF TEASLEY LANE AND OLD ALTON
ROAD (NEW) INTERSECTION, DESCRIBED AS TRACT OF LAND SITUATED IN THE A.E.
CANNON SURVEY, ABSTRACT NUMBER 232, CITY OF DENTON, DENTON COUNTY,
TEXAS, AND BEING A REMAllVDER OF THE CALLED 14.34 ACRE TRACT DESCRIBED IN
THE DEED FROM JOHN CORDON BENNETT ET.AL. TO MAR PROPERTIES, LTD
RECORDED IN VOLUME 5314 PAGE 5395 OF THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR ViOLATiONS THEREOF, SEVERABILITY, AND AN
EFFECTIVE DATE. (Z07-0006)
W HEREAS, Mar Properties Ltd., has applied for a change in zoning for approximately 0.66
acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood
Residential Mixed Use (NRMU) zoning district classification and use designation; and
WHEREAS, on March 28, 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 a
Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use
(NRMU) zoning district classification and use designation for 0.66 acres of land depicted in Exhibit
"B" attached hereto and incorporated herein by reference, and more particularly described in Exhibit
"A", which is attached hereto and incorporated herein by reference (the "Property"). 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 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 /'-tday of ~/,~~, 2007.
(, • ~~~~
PERK R. McNEILL, MAYOR
ATTEST:
PAGE 2
JENNIFER WALTERS, CITY SECRETARY
EXHIBIT A
LEGAL DESCRIPTION
0.66 ACRES
BEING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE
CANNON SURVEY ABSTRACT NUMBER 232, DENTON COUNTY, T
AND BEING A REMAINDER OF THE CALLED 14.34 ACRE TI
DESCRIBED IN THE DEED FROM JOHN GORDON BENNETT ET.AL. TO
PROPERTIES, LTD RECORDED IN VOLUME 5314 PAGE 5395 OF THE
PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THE SUEZ
TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT A POINT ON THE NORTH SIDE OF OLD ALTON ROA
FOR THE NORTHWEST CORNER OF SAID 14.34 ACRE TRACT;
THENCE NORTH 89 DEGREES 34 SECONDS 37 SECONDS EAST WITH
NORTH LINE THEREOF A DISTANCE OF 235.22 FEET TO THE POINT C
BEGINNING WERE THE APPROXIMATE LOCATION OF THE COMMON
SOUTHWESTERLY CITY LIMITS LINE AND THE NORTHEASTERLY DES
COUNTY LINE;
THENCE NORTH 89 DEGREES 34 MINUTES 37 SECONDS EAST LEAVII
SAID COMMON LINE WITH THE NORTH LINE OF SAID 14.34 ACRE TRP
DISTANCE OF 379.41 FEET TO A POINT ON THE WESTERLY R.O.W. LI
OF THE (NEW) ALTON ROAD;
THENCE SOUTH 21 DEGREES 46 MINUTES 18 SECONDS WEST WITH
WESTERLY R.O.W. LINE A DISTANCE OF 71.94 FEET TO THE BEGINNI
OF A CURVE TO THE RIGHT WITH A RADIUS OF 363.50 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 28 DEGREES 00 MINUTE
SECONDS WEST; 78.97 FEET;
THENCE WITH SAID WESTERLY R.O.W. LINE AN ARC DISTANCE OF 7
FEET TO A CORNER WERE THE APPROXIMATE LOCATION OF THE
COMMON SOUTHWESTERLY CITY LIMITS LINE AND THE
NORTHEASTERLY DENTON COUNTY LINE AND BEING A POINT ON A
CURVE FOR SAID LINE WITH A RADIUS OF 1342.65 FEET AND A CHOI
BEARING AND DISTANCE OF NORTH 67 DEGREES 02 MINUTES 1$
SECONDS WEST, 342.79 FEET;
THENCE NORTHWESTERLY ALONG SAID COMMON LINE AN ARC
DISTANCE OF 343.73 FEET TO PLACE OF BEGINNING ENCLOSING O.f
AN ACRE OF LAND MORE OR LESS.
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EXHIBIT B
LOCATION MAP
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