2007-167s:\our dceumenLS\ordinances\07\z07-0009.dm
ORDINANCE NO. 0~ ~- ~~p
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT TO A
NEIGHBORHOOD MIXED USE (NRMU) ZONING DISTRICT, IN AN AREA ENCOMPASSING
16.422 ACRES OF LAND LOCATED AT THE SOUTHW EST CORNER OF HICKORY CREEK
ROAD AND TEASLEY LANE, AND LEGALLY DESCRIBED AS TRACT 1 OF THE A.
VENTERS SURVEY, ABSRACT NUMBER 1315, 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 EFFECTNE DATE. (207-
0009)
WHEREAS, Salvo Real Estate has applied for a change in zoning for approximately 16.422
acres of land from a Neighborhood Residential 6 (NR-6) zoning district classification and use
designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use
designation; and
WHEREAS, on June 27, 2007 after concluding aproperly-noticed public hearing in
accordance with legal requirements, the Planning and Zoning Commission recommended approval of
the requested change in zoning; and
WHEREAS, after an additional properly-noticed public hearing in accordance with legal
requirements, 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 16.422 acres of land
more particularly described in Exhibit "A" and depicted in Exhibit "B", both of, which are attached
hereto and incorporated herein by reference (the "Property"), is hereby changed from a
Neighborhood Residential 6 (NR-6) zoning district classification and use designation to a
Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation.
Notwithstanding the above real property description, the property being rezoned includes all property
to the centerline of all adjaccut street rights-of--way.
SECTION 3. The City's official land use map is hereby 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 ofner
provisions or applications, and to this end the provisions of this ordinance are severable.
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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 ofthis 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 7~~ day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: L7,/
APPROVED AS TO LEGAL FORM:
McNEILL, MAYOR
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EXHIBIT A
LEGAL DESCRIPTION
DESCRIPTION, of a 16.422 acre tract of land situated in the A. Venters Survey, Abstract No. 1315, Denton
County, Texas; said tract being part of a tract of land described in Trustee's Deed to Alvin E. Meredith and
Madlyn Meredith recorded in Volume 829, Page 474 of the Deed Records of Denton County, Texas; said
16.422 acre tract being more particularly described as follows:
BEGINNING, at a 5/8-inch iron rod with "Mycoskie Mclnnish" cap found at the intersection of the west right-
of-way line of Teasley Lane (F.M. 2181, a variable width right-of-way) and the south right-of-way line of
Hickory Creek Road (a variable width right-of-way);
THENCE, South 01 degrees, 25 minutes, 05 seconds East, along the said west line of Teasley Lane, a
distance of 833.38 feet to a 1/2-inch iron rod with illegible cap found for corner; said point being the
southeast corner of said Meredith tract;
THENCE, South 89 degrees, 55 minutes, 15 seconds West, passing at a distance of 3.47 feet, a 1/2-inch
iron rod with "t(AZ 5312" cap found at the northeast corner of a tract of land described in Warranty Deed to
Robert L. Ramsey and Barbara J. Wallace recorded in Volume 3075, Page 879 of said Deed Records,
continuing, departing the said west line of Teasley Lane, along the north line of said Ramsey tract for a
total distance of 650.82 feet to a 1/2-inch iron rod with "Alliance" cap found for corner; said point being the
southeast corner of Lot 1, Block A Meredith Addition, an addition to the City of Denton, Denton County,
Texas according to the plat recorded in Cabinet T, Page 50 of the Plat Records of Denton County, Texas;
THENCE, in a northerly direction, along the east line of said Lot 1, the following three (3) calls:
North 00 degrees, 04 minutes, 23 seconds West, a distance of 20.00 feet to a 1/2-inch iron rod
with "Alliance" cap found for an angle point;
North 46 degrees, 48 minutes, 04 seconds West, a distance of 392.83 feet to a 1/2-inch iron rod
with "Alliance" cap found for an angle point;
North 03 degrees, 10 minutes, 22 seconds East, a distance of 531.74 feet to a 1/2-inch iron rod
with "I(AZ 5312" cap found on the said south line of Hickory Creek Road;
THENCE, in an easterly direction, along the said south line of Hickory Creek Road, the following three (3)
calls:
North 89 degrees, 51 minutes, 30 seconds East, a distance of 268.20 feet to a point for corner;
North 85 degrees, 00 minutes, 28 seconds East, a distance of 144.34 feet to a point for corner;
North 89 degrees, 53 minutes, 01 seconds East, a distance of 475.17 feet to the POINT OF
BEGINNING;
CONTAINING, 715,320 square feet or 16.422 acres of land, more or less.
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EXHIBIT B
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Property
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320 180 0 320 Feet
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