2002-196O INANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED-
USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 0.8 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF ELM STREET AND TALIAFERRO STREET INTERSECTION AND LEGALLY
DESCRIBED AS TRACTS 95 AND 96 OF ABSTRACT N. MEISENHEIMER SURVEY;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z02-0005)
WHEREAS, Tim Beaty initiated a change in zoning for approximately 0.8 acres of land fi:om
Neighborhood Residential 3 (NR-3) zoning district classification and use designation to
Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district classification and use
designation; and
WHEREAS, on May 22, 2002, the Planning and Zoning Commission concluded a public
hearing as required by law, after which a motion to recommend approval of the requested change in
zoning was passed; and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the approximately 0.8
acres property described in the legal description attached hereto and incorporated herein as Exhibit A
is changed fi:om Neighborhood Residential 3 (NR-3) zoning district classification and use
designation to Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district classification
and use designation.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. 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 4. Any person violating any provision of this ordinance shall, upon conviction, be
Page 1 of 2
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 5. 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 --Sf~,~,,, ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2 of 2
Exhibit A
0.79 ACRES
FIELD NOTES to all that oertain lot, tract or parcel of land situated In the N.H. Meieanheimor Survey,
Abstract Number 247, and the D.O. Godderd Survey, Abslract Number 811, City of Denton, Denton' County,
Texas; and being all of a called 0.794 Tract One and Two described In the deed to PHCF, Inc. recorded in
Volume 4425. Page 1757. Deed Records, Denton County, Texas, the subject tract being more particularly
described ss follow~;
BEGINNING for the Northwest corner of the tract being described herein at a ROW Monument found et the
Intersection of the East line of North Elm Street end the South line of Tallaferre Street, same being the
Northeast corner of a save and except tract descJ'tbed In the deed from E.E. Wright, Jr. and E.E. Wright, III
to the State of Texas recorded in Volume 4306, Page 1632, of the Real Pn=perbj Records of Denton County,
Texas; ·
THENCE South 89 degrees 58 minutes 25 seconds E~et sJong the South line of said Teilatarra S~'cet for a
distance of 129,87 feat to a Metal Fence Corner Post for the Northeast corner of the tract being described
herein, same being the Northwest corner of s celled 0.457 acre tract deecflbed in the deed to Lawrence
Kevln Guess and Angels Kay Guess recorded In Volume 2333, Page 580, Deed Records, Denton County,
Texas;
THENCE South 00 degrees 01 minutes 56 seconds West along end near a fence for a distance of 108.97
feet to a Metal Fence Corner Post for comer, same being the Southwest come~ of said Guess tract and the
Southeast comer of said Tract One:
THENCE South 88 degrees 29 minutes 08 seconds East with the South line thereof for a distance of 36.70
feet to s ll2-inch iron rod found for comer, sams being the Northwest comer of s called 1.5 acre tr~"t
describ~:l in the dead,to Mabel E. Mexcy Eying Trust recorded In Volume 3333, Page 64, Deed Records,
Denton County, Texas and the Northeast corner of said Tract Two;
THENCE South'00 Degrees 17 Minutes 07 Seconds East with the Wast line thereof for s distance of 115.77
feet to a Metal Fence Corner Post for the Southeast comer of the tract being described herein In the West
line of said Maxcy tract, same being the Southeast comer of said Tract Two;
THENCE North 88 degrees 34 minutes 53 seconds East along and near a fence for a distance of 172.83
feat to a l/2-tnch iron rod found for the Southwest corner of the tract being described herein, same being the
Southwest come~ of said Tract Two in the East right-of.,wsy of North Elm Street;
THENCE North 00 riegree 00 minute 42 Seconds East with the East right-of-way line of said Street a
distance of 104.29 feet to a ROW Monument found for corner same being the South corner of said save and
except tract;
THENCE North 02 Degrees 46 Minutes 37 Seconds East with the East right-of, way of said Street a distance
of 117.34 feet to the POINT OF BEGINNING and enclosing 0.78 acres more or lass.
This survey sketch correctly represents the results of' an on-the-ground survey made under my direction and
supervision on 06-13-00. There are no apparent intrusions, protrusions, or easements except aa shown
hereon.
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