HomeMy WebLinkAbout2005-007ORDINANCE NO. 70051-O0 %
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF APPROXIMATELY 35 ACRES FROM A PLANNED DEVELOPMENT 120 (PD-
120) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING
DISTRICT FOR PROPERTY GENERALLY LOCATED ADJACENT TO THE SOUTH SIDE
OF LOOP 288 AND THE EAST SIDE OF NICOSIA STREET IN THE T. TOBY SURVEY,
ABSTRACT NO. 1288, IN CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z04-0026)
WHEREAS, Mitchell Planning Group, L.L.C., has applied for a change in zoning for for two
parcels of land containing approximately 35 acres as more particularly described in Exhibit "A"
attached hereto and made a part hereof as Exhibit "A" (the "Property") from Planned Development
120 (PD-120) zoning district classification to Neighborhood Residential 4 (NR-4) zoning district
classification and use designation; and
WHEREAS, on December 1, 2004, 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 Comprehensive
Plan; 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 of the Property is hereby
changed from a Planned Development 120 (PD-120) zoning district classification to Neighborhood
Residential 4 (NR-4) zoning district classification and use.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
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 Ii # day of ��/�C!/l�i 2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
I
MAYOR
PAGE 2
Exhibit A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING MATED IN THE T.
TOBY SURVEY, ABSTRACT NUMBER 1288, DENTON COUNTY, TEXAS AND BEING A PART
OF A TRACT DESCRIBED IN A DEED TO KDRC it LIMITED PARTNERSHIP RECORDED IN
COUNTY CLERICS NUMBER 94-ROOM02 REAL. PROPERTY RECORDS. DENTON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID KDRC 11 TRACT AND THE
NORTHEAST CORNER OF LOT 1, BLOCK 1, TEXAS INSTRUMENTS ADDITION ACCORDING
TO THE PLAT THEREOF RECORDED IN CABINET G, PAGE 48 PLAT RECORDS DENTON
COUNTY. TEXAS, AT A RIGHT -OF WAY MONUMENT FOR CORNER ON THE
INTERSECTION OF THE SOUTH RIGHT -OF WAY LINE OF HIGHWAY LOOP 286 AND THE
EAST RIGHT -OF WAY LINE OF TERLINGUA STREET,
THENCE SOUTH 87 DEGREES 04 MINUTES 68 SECONDS EAST WITH THE NORTH LINE
OF &AID KDRC I TRACT AND THE SOUTH RIGHT -OF WAY LINE OF HIGHWAY LOOP 288 A
DISTANCE OF 36.69 FEET TO A RIGHT -OF WAY MONUMENT FOR CORNER;
THENCE NORTH 82 DEGREES 12 MINUTES 11 SECONDS EAST WITH THE. NORTH LINE
OF SAID KDRC It TRACT AND THE SOUTH RIGHTOF WAY f,UN9 OF HIGHWAY LOOP 288 A
DISTANCE OF 513.01 FEET TO A RIGHT -OF WAY MONUMENT FOR CORNER;
THENCE SOUTH 07 DEGREES 35 MINUTES 35 SECONDS EAST DISTANCE OF 409.00
FEET TO A FOUND IRON PIN;
THENCE SOUTH 07 DEGREES 59 MINUTES !7 SECONDS WEST A DISTANCE OF 228.BI
FEET TO A FOUND IRON PIN;
THENCE NORTH 89 DEGREES 04 MINUTES 50 SECONDS WEST A DISTANCE OF 575.10
PEET TO A FOUND IRON PIN ON THE WEST LINE OF SAID KDRC II TRACT AND THE EAST
LINE OF SAID TERINGUA STREET;
THENCE NORTH 00 DEGREES 54 MINUTES 41 SECONDS FAST WITH THE WEST LINE OF
SAID KORC II TRACT AND THE EAST LINE OF SAID TERINGUA STREET A DISTANCE OF
$54,95 FEET TO THE POINT-O"EGIINMNG. AND CONTAINING IN ALL 7.076 ACRES OF
LAND.
FIELD NOTES to all that certain tract of land in the T. Toby Survey,
Abstract Number 1268 and being part of the called 141.1301 acre Tract 1
described in the deed from KDRC II to Locust/288 Partners, Ltd recorded.
in Volume 4299, Page 805 of the Deed Records of Denton County, Texas,
the subject tract being more particularly described by metes and bounds
as follows;
Beginning at the Northwest corner of the tract being described herein
at an aluminum right-of-way monument found on the South right-of-way of
Loop 2B8 as monumented at the Northwest corner of the said 141.1301
acre tract;
THENCE North 77 Degrees 00 Minutes 58 seconds East with the South right
of way of Loop 288 and a North line of the 141.1301 acre tract a
distance of 306.27 feet to an aluminum right-of-way monument;
THENCE North 75 Degrees 21 Minutes 26 Seconds East continuing with the
South right-of-way of Loop 288 and a North line of the 141.1301 acre
tract a distance of 582.28 feet to a M inch iron rod found at the
Northeast corner of the tract being described herein and the Northeast
corner of the 141.1301 acre tract;
THENCE South 14 Degrees 38 Minutes 10 Seconds East with an East line of
the 141.1301 acre tract a distance of 453.37 feet to a % inch iron rod
found;
THENCE South 89 Degrees 02 Minutes 24 Seconds East with a North line of
the 141.1301 acre tract a distance of 388.46 feet to a M inch iron rod
found at the Easterly Northeast corner thereof at reentrant corner of
the called 200.00 acre tract described in the deed from 270 J.V. to
KDRC II recorded under Clerk's File Number 94-R0066002 of the Real
Property Records of Denton County, Texas;
THENCE South 01 Degrees 52 Minutes 28 Seconds West with the East line
of the 141.1301 acre tract and the said 200.00 acre tract a distance of
921.11 feet to a 5/8 inch iron rod found with a yellow cap stamped
"BHB" at the Northeast corner of the called 102.900 acre tract
described in the deed from Locust/288 Partners, Ltd. to Nicosia & 77,
L.P. recorded in Volume 5144, Page 1032 of said Deed Records;
THENCE across the 141.1301 acre tract with. the North line of the
102.900 acre tract the following six calls;
1. North 89 Degrees 11 Minutes 34 Seconds West a distance of 160,28
feet to a 5/8 inch iron rod found with a yellow cap stamped
nBEB";
2. North 62 Degrees 21 Minutes 11 seconds West a distance of 1044.89
feet to a 5/8 inch iron rod found with a yellow cap stamped
"BHB";
3. North OS Degrees 43 Minutes 02 Seconds West a distance of 60.02
feet to a 5/8 inch iron rod found with a yellow cap stamped "BHB"
in a westerly curve to the right having a radius of 430.16 feet;
4. Along said curve arc distance of SD.84 feet (chord bearing of
South 87 Degrees 43 Minutes 17 Seconds West and a chord distance
of 50,81 feet) to a % inch iron rod set with a yellow plastic cap
stamped "COLEMAN RPLS 4001" at the end of the curve;
5. North 88 Degrees 53 Minutes 35 Seconds West a distance of 55.30
feet to a 5/8 inch iron rod found with a yellow cap stamped
"BHB"•
6. North 62 Degrees 22 Minutes 23 Seconds West a distance of 118.22
feet to a 5/8 inch iron rod found with a yellow cap stamped "BHB"
found at the Northwest corner of the 102.900 acre tract and in
the West line of the 141.1301 acre tract;
THENCE North 08 Degrees 14 Minutes 44 Seconds East with the West line
of the 1.41.1301 acre tract a distance of 144.95 feet to a % inch iron
rod found at an angle point therein;
THENCE North 07 Degrees 23 Minutes 25 Seconds West with the West line
of the 141.1301 acre tract a distance of 409.02 feet to the PLACE OF
BEGINNING and enclosing 26.954 acres of land.