2007-094s:\our dceumcnls\ordinanccs\0707-0007.doc
ORDINANCE NO. ,ADD 7' D~~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOT2 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 0.55 ACRES OF
LAND LOCATED ON THE SOUTHEAST 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 PART OF LOT 1, IN BLOCK A, OF LOTS 1 THOURGH 6, BLOCK A,
DENTON CREEK ESTATES AS RECORDED BY A PLAT THEREOF IN CABINET X, PAGE
484, PLAT 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. (Z07-0007)
WHEREAS, Mar Properties Ltd., has applied for a change in zoning for approximately 0.55
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 0.55 acres of land, depicted in Exhibit
"B", attached hereto and incorporated herein byreference, and more particularlydescribed in Exhibit
"A", attached hereto and incorporated herein 6y 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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~ day of , 2007.
~~~'/~ a ~~R~W
` PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM:
EXHIBIT A
LEGAL DESCRIPTION
0.55 ACRES
BEING ALL THAT CERTAIN LOT TRACT OR PARCEL OF LAND SITUATED
THE A.E. CANNON SURVEY, ABSTRACT NUMBER 232, CITY OF DENT~t\
DENTON COUNTY TEXAS, AND BEING A PART OF LOT 1, IN BLOCK A,I O
LOTS 1 THROUGH 6, BLOCK A, DENTON CREEK ESTATES AS RECORbE
BY A PLAT THEREOF IN CABINET X, PAGE 484, PLAT RECORDS, IN S/~IC
COUNTY AND SUBJECT TRACT BEING MORE PARTICULARLY DESCR BI
AS FOLLOWS;
BEGINNING ATA CAPPED IRON ROD FOUND FOR THE NORTHEAST I.)
CORNER OF LOT 1, BLOCK B, IN SAID ADDITION ON THE SOUTH R.O.W.
LINE OF F.M. ROAD 2181;
THENCE SOUTH 00 DEGREES 44 MINUTES 09 SECONDS WEST WITH TH
EAST LINE OF SAID LOT 1, BLOCK B, A DISTANCE OF 152.26 FEET TO ~ h
APPROXIMATE COMMON SOUTHWESTERLY CITY LIMITS LINE AND THE
NORTHEASTERLY DENTON COUNTY LINE AND BEING ON A CURVE ON
SAID LINE WITH A RADIUS OF 1342.65 FEET AND A CHORD BEARING ~N
DISTANCE OF NORTH 81 DEGREES 50 MINUTES 31 SECONDS WEST,
195.97 FEET; I
THENCE NORTHWESTERLY ALONG SAID CURVE WITH SAID COMMON
LINE AN ARC DISTANCE OF 196.15 FEET TO A POINT ON THE EASTERLY
R.O.W. LINE OF THE (NEW) OLD ALOON ROAD AND BEING ON A CURVE
TO THE LEFT WITH A RADIUS OF 436.50 FEET AND A CHORD BEARINGI
AND DISTANCE OF NORTH 26 DEGREES 15 MINUTES 30 SECONDS EA~1
68.29 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE LEAVING SAID COMMpP
LINE WITH THE EASTERLY R.O.W. LINE OF SAID ROAD AND THE WEST
LINE OF SAID LOT 1, AN ARC DISTANCE OF 68.36 FEET TO A CORNER:
THENCE NORTH 21 DEGREES 46 MINUTES 18 SECONDS EAST WITH
WEST LINE THEREOF A DISTANCE OF 67.75 FEET TO A CORNER ON
SOUTH LINE OF SAID F.M. 2161;
THENCE NORTH 89 DEGREES 52 MINUTES 57 SECONDS EAST WITH TI
SOUTH LINE THEREOF AND THE NORTH LINE OF SAID LOT 1, A DISTAL
OF 140.81 FEET TO PLACE OF BEGINNING ENCLOSING 0.55 ACRES OF
LAND MORE OR LESS.
PAGE 3
EXHIBIT B
LOCATION MAP
PAGE 4