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Home My WebLink About2004-142ORDINANCE 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 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 11.7 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 900 FEET NORTH OF POCKRUS PAGE ROAD AND APPROXIMATELY 1,500 FEET WEST OF SWISHER ROAD IN THE 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. (Z04-0014) WHEREAS, Holigan Investment Group, Ltd. has applied for a change in zoning for approximately 11.7 acres of land located on the south side of Edwards Road, approximately 900 feet north of Pockrus Page Road and approximately 1,500 feet west of Swisher Road and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use designation; and WHEREAS, on April 14, 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 Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential 6 (NR-6) 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. Page 1 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 Ah day of 12004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: '� APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY TT( BY: Page 2 Exhibit A Metes and Bounds Description NR-3 Zoning 11.70 Acres Gideon Walker Survey, Abstract No. 1330 City of Denton, Denton County, Texas BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas and being a portion of a called 9.993-acre tract conveyed to said Julie K. Clark, as evidenced in a deed recorded in County Clerk's File No. 94- R0057560, a portion of a called Tract B, conveyed to Murphy Family Partnership, Ltd., as evidenced in a deed recorded in County Clerk's File No. 96-R0016035, a portion of a called 10.00-acre tract of land conveyed to Allen P. Lubbers as evidenced in a deed recorded in County Clerk's File No. 96-R0069629 and a portion of a called 9.802-acre tract of land conveyed to said Allen P. Lubbers as evidenced in a deed recorded in County, Clerk's File No. 96-R0069627, all of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said 10.00-acre tract and the northwest corner of the current city limits line of the City of Denton as described in City Ordinance Number 99-262 , same being in Edwards Road; THENCE South 86'59'X' East, along the north line of said 10.00-acre tract, the city limits line of the City of Denton and along Edwards Road, a distance of 196A5 feet to a comer; THENCE South 02°11'11" West, departing the north line of said 10.00-acre tract and said Edwards Road, a distance of 817.03 feet to the point of curvature of a curve to the left; THENCE in a southerly direction, along the arc of said curve to the left, through a central angle of 44°45'45", having a radius of 225.00 feet and an are length of 175.78 feet to the point of tangency of said curve; THENCE South 42°34'35" East, a distance of 568.50 feet to a comer; THENCE South 47025125" West, a distance of 500.00 feet to a comer; THENCE North 42034'35" West, a distance of 557.00 feet to a comer on the north city limits line of said City of Denton as described in City Ordinance Number 84-17; THENCE South 87055'33" East, along the north city limits line as described in said City Ordinance Number 84-17, a distance of 83.02 feet to the southwest comer of aforesaid 10.00-acre tract; THENCE North 02016'53" East, along the west line of said 10.00-acre tract and the west city limits line as described in said City Ordinance Number 99-262, a distance of 1338.37 feet to the POINT OF BEGINNING and containing 11.70 acres of land. This Document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.