2007-190s:\our documents\ordinances\07\>07-0020.doc
ORDINANCE NO.~G~'J-~q0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM THE NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE NEIGHBORHOOD RESIDENTIAL
MLXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION,
FOR APPROXIMATELY 0.642 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF
TEASLEY LANE, APPROXIMATELY 260 FEET SOUTH OF THE INTERSECTION OF
TEASLEY LANE AND BENT OAKS DRIVE, AND LEGALLY DESCRIBED AS A
CERTAIN TRACT OF LAND SITUATED IN THE J. FISHER SURVEY, ABSTRACT
NUMBER 421, IN THE CITY AND COUNTY OF DENTON TEXAS AND BEING A PART
OF THAT CERTAIN TRACT DESCRIBED IN THE DEED TO ALVIN E. MEREDITH
ET.UX., RECORDED IN VOLUME 388 PAGE 41 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE. (Z07-0020)
WHEREAS, Rick Baria has applied for a change in zoning for approximately 0.642 acres
of land legally described in Exhibit A, attached hereto and incorporated herein by reference,
(hereinafter, the "Property"), from the Neighborhood Residential 3 (NR-3) zoning district
classification and use designation to the Neighborhood Residential Mixed Use (NRMU) zoning
district classification and use designation: and
WHEREAS, on August 22, 2007, the Planning and Zoning Commission concluded a
public hearing as required by law, and 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 and found to he true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from the Neighborhood Residential 3 (NR-3) zoning district classification and
use designation to the Neighborhood Residential Mixed Use (NRMU) zoning district
classification and use designation.
Notwithstanding the attached 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 zoning map is amended to show the change in zoning
district classification and use designation.
s:\our documents\ordinances\07\z07-0020.doc
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 the
remaining 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 ~~~~day of , 2007.
~~> ~~
P Y R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:~1fLy -~: A ~,~i~ , ,0 , ~Q~.
APPROVED AS TO LEGAL FORM:
EXHIBIT A
0.642 ACRE
FIELD NOTES to all that certain tract of land situated in the J. Fisher Survey, Abstract Number
421, in the City and County of Denton Texas and being a part of that certain tract described in the
deed to Alvin E. Meredith et.ux. recorded in Volume 388 Page 41 of the Deed Records of Denton
County, Texas; the subject tract being more particularly described as follows;
COMMENCING at a 60d nail found for the monumented Southwest corner of said Meredith tract
in Helm Lane;
THENCE North 00 degrees 40 minutes 14 seconds East in said Road a distance of 638.04 feet to
a 1/2" iron rod found for the PLACE OF BEGINNING, being the Southwest corner of the herein
described tract at the Southeast corner of the called 2.994 acre tract described in the deed to
Teasley Lane Joint Venture recorded in Volume 2049 Page 723 Real Property Records of Denton
County, Texas;
THENCE North 00 degrees 23 minutes 35 seconds East with the East line of said 2.994 acres
continuing in said Road part of the way a distance of 293.93 feet to a %' iron rod found for the
Northeast corner of said 2.994 acres and the Southeast corner of Block One of Bent Oaks
Addition, an addition in said City according to the Plat thereof recorded in Cabinet D Page 276
Plat Records Denton County, Texas;
THENCE North 00 degrees 03 minutes 58 seconds West with the East line of said Black One a
distance of 158.82 feet to a %' iron rod found in the Westerly right-of-way line of F.M. Road 2181,
locally known as Teasley Lane in a curve to the left having a radius of 1477.39 feet and a chard
which bears South 18 degrees 16 minutes 21 seconds East a distance of 478.94 feet;
THENCE in a general Southerly direction along the arc of said curve along said Lane an arc
distance of 481.06 feet to a capped iron rod set for the Southeast corner of the herein described
tract;
THENCE North 89 degrees 13 minutes 48 seconds West with a line severing said Meredith tract
a distance of 152.01 feet to the PLACE OF BEGINNING and enclosing 0.642 of an acre of land
more or less.