1992-132ALL002EC\20003.18
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DIS-
TRICT CLASSIFICATION FOR 0.278 ACRES OF LAND LOCATED ON THE EAST
SIDE OF NEWTON STREET AND APPROXIMATELY 580 FEET NORTH OF MORSE
STREET FROM SINGLE FAMILY 7 (SF-7) TO PLANNED DEVELOPMENT (PD) WITH
CONDITIONS; ADDING THE REZONED PROPERTY TO PLANNED DEVELOPMENT NO.
26; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, ALICO Distributors, Inc. has applied for a change in
zoning for 0.278 acres of land from Single Family 7 (SF-7) to
planned development (PD) zoning district classification with condi-
tions to be included as part of Planned Development No. 26; and
WHEREAS, on July 22, 1992, the Planning and Zoning Commission
recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I.' That the zoning district classification and use
designation of the 0.278 acres of land described in Exhibit A, at-
tached to and incorporated into this ordinance by reference, is
changed from Single Family 7 (SF-7) to Planned Development (PD)
zoning district classification and use designation with conditions
under the comprehensive zoning ordinance of the city of Denton,
Texas, and shall be added to and included in Planned Development
No. 26. A copy of the amended property boundaries for Planned De-
velopment No. 26 is attached hereto in Exhibit B and made a part
hereof.
SECTION II. That in accordance with Division 5 of Chapter 35
of the Code of Ordinances of the city of Denton, the property shall
be subject to the following conditions:
1. All conditions and allowed uses contained in Ordi-
nance No. 80-6, a copy of which in attached hereto in
Exhibit C and incorporated herein by reference shall be
applicable to this 0.278 acre tract of land; and
2. In the event any protected tree is removed from the
property, each protected tree removed shall be replaced
with four (4) canopy trees (2-inch caliper minimum) to be
planted as approved by the Planning and Development De-
partment of the city of Denton.
SECTION III. That the city's official zoning map is amended
to show the change in zoning district classification.
SECTION IV. That a copy of this ordinance shall be attached
to Ordinance No. 80-6, creating Planned Development No. 26 to
reflect its amendment.
SECTION V. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION VI. That this ordinance shall become effective four-
teen (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, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
PASSED AND APPROVED this the day of , 1992.
BOB CASTLEBERRY, MA~ ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
Page 2
LIST OF EXHIBITS
1. Exhibit A: Description of 0.278 acre tract rezoned from Single
Family 7 (SF-7) to Planned Development No. 26 (PD-
26)--1 page
2. Exhibit B: Description of 2.794 acre tract comprising the new
boundaries of Planned Development No. 26 (PD-26)--1
page
3. Exhibit C: Ordinance No. 80-6 creating Planned Development No.
26 (PD-26)--2 pages
Page 3
EXHIBIT A
SF-7 TO PD
(Part of Lot 3)
FIELD NOTES To all that certain tract of land situated in the J. Brock
Survey Abstract Number 55 in the City of Denton, Denton County, Texas and
being all of .the called 0.868 acre tract described in the deed from
MarJorie Pitner to Willie Hudspeth et ux (Hudspeth tract) recorded in
Volume 3157 Page 71 of the Real Property Records of Denton County, Texas;
the subject tract being more particularly described as follows:
BEGINNING for the Northeast Corner of the tract being described herein, at
a 1/2 inch iron rod set in the East line of the Hudspeth tract South 01
Degrees 15 Minutes 26 Seconds West a distance of 30.0 feet from the
Northeast corner thereof and the most Northerly Northwest corner of the
called 2.671 acre tract described in the deed from Knight and Miller to
ALICO Distributors, Inc., recorded in Volume 2256 Page 142 of the said
Real Property Records;
THENCE South 01 Degrees 15 Minutes 26 Seconds West with a West line of the
ALICO tract a distance of 63.61 feet to a 1/2 inch iron rod found at a
reentrant corner thereof and the Southeast corner of the Hudspeth tract;
THENCE North 88 Degrees 48 Minutes 33 Seconds West with the South line of
the Hudspeth tract a distance of 47.93 feet to a 1/2 inch iron rod set at
its intersection with the extension of the West line of the ALICO tract
16.48 feet Northerly from a reentrant corner thereof;
THENCE North 02 Degrees 15 Minutes 32 Seconds East a distance of 33.59
feet to a 1/2 inch iron rod set for a reentrant corner of the herein
described tract;
THENCE North 88 Degrees 54 Minutes 19 Seconds West severing the Hudspeth
tract with a line 60 feet Southerly from the North line of the Hudspeth
tract a distance of 304.03 feet to a 1/2 inch iron rod set in the proposed
East Right-of-way of Newton Street;
THENCE Northwesterly with the proposed Right-of-way of Newton Street along
the arc of a curve to the left having a radius of 50 feet, an arc length
of 30.64 (chord bearing North 04 Degrees 55 Minutes 29 Seconds West a
distance of 30.17 feet) to a 1/2 inch iron rod set for the Northwest
corner of the herein described tract;
THENCE South 88 Degrees 54 Minutes 19 Seconds East severing the Hudspeth
tract a distance of 353.28 feet to the PLACE OF BEGINNING and enclosing
0.278 of an acre of land.
Jd36/9206
,EXtiIB IT B
PD - 26
AMENDED DESCRIPT%ON
(ALICO- LOT ~)
FIELD NOTES to all that certain tract of land situated in the J. Brock
Survey Abstract Number 55 in the City of Danton, Denton Couoty, Texas and
being a part of the called 2.671 acre tract described in the deed from
Knight and Miller to ALIce Distributors, Inc. recorded In Volume 2256 Page
142 of the Denton County, Texas Real Property Rsoerds amd a part of the
called 0.868 acre tract described In the deed from MarJorle Pltner to
Willie Hudspeth et ux (Hudspeth tract) recorded in Volume 3157 ~age 71 of
described as follows:
BEGINNING for the Northerly Northwest Coenar of the tract being described
herein, at a 1/2 lnch iron rod found at the Northeast coroer of the
Hudspath tract and the most Northarl7 Northwest corner of the ALIce tract;
THENCE South 87 Degrees 12 M~nutes 23 Seconds East with the North lima
the ALICO tract a distance of 253.99 feet to a called fence corner post
the Northeast corner thereof and the Nee:hotly Noethwaet corner of the
called 4.~06 acre tract described in the dead from First Baptist Church to
Denton Independent School District recorded in Volume 3237 Page 149 of the
said Real Property Records;
THENCE Southerly with the common, line between First Baptist Church and
ALIce the following calls=
~) Sou~h 0! Degrees 16 Minutes Ol Seconds West a distance of 8.00
feet to a 1/2 ~ech iron rod found;
2) South 68 Degrees 59 Minutes 45 Seconds East a distance of ~29.20
faa: to a 1/2 Inch item rod set;
3) South 8~ Degrees ~8' Minutes 2g Sacoods East a distance of 17~.00
feet to a 1/2 inch iron rod set;
~) South 02 Degrees 1~ Minutes 32 Seconds West a distance of 14&.O0
feet to a 1/2 Inch Iron rod found;
5) North 86 Degrees ~8 Minutes 28 Seconds Wea~ passing at 289.09
feet a salient corner of the First Baptist Church tract and the most
Easterly Northeae~ corner of the called ~.087 acre tract described ~n
the deed from Marietta ~ltner e~ al to Denton Indepeuden~ School
D~strtcc recorded in Volume 3237 Page 1~ of the said Real Property
Records and continuing along the same course, in all, a total
dlStamcm of 3~3.6& femt to a i/2 inch lrom rod found;
THENCE Westerly and with the common line between ALice and ~enton
Independent School District the following calla~
~.1) South 02 Degrees 48 Minutes 2& Seconds Wee: a distance of fl~ ~0 g 1/2 ~h t~O~ ~0d
2) North 86 Degrees 58 Minutes 28 Seconds West a d~scance of 253.40
faeG GO a 1/2 inch iron rod
EXHIBIT C
NO. fo-
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1,
AND AS SAID MAP APPLIES APPROXIMATELY 2.592 ACRES OF LAND, AS
SHOWN THIS DATE ON THE OFFICIAL TAX MAp OF THE CITY OF DENTON,
TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERESY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted
the 14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas, under provisions of
Ordinance No. 69-1, be, and the same is hereby amended as
follows:
AIl the hereinafter described property is hereby removed from
the Single Family "SF-?" Districts as show~ on said Zoning Map,
and all provisions of Ordinance No. 69-1, adopted the 14th day
of January, 1969, as amended, shall hereafter apply to said'
property as Planned Development "PD" for Light Industrial Use
District in the same manner as other property located in the
Planned Development "PD" for Light Industrial Use District with
the following conditions:
1. The slaughter house operation shall be disccstinusd
2. Permit only the construction of additional office space'.
and the erection of a fence as shown on the attached~
site plan.
3. Site plan approval must be obtained for any future
expansion.
Ail that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part Of the J. ~rock Survey, Abstract No. SS, and being
more particularly described as follows:
BEGINNING at the northwest corner of a tract Of land designated
Nensley Packing Company, I~c. by deed dated April 8, 1971 and
recorded in Volume 619, Page 381 of the Deed Records of Denton
County, Texas, said point Of beginning lying in the east right
of way line of Newton Street;
THENCE south 88° 40' east along the north boundary line Of
said tract a distance of 403.07 feet to a point for a corner;
THENCE north a distance Of 95.09 feet to a point for a corner;
THENCE south 89° 14' es'st passing at 255.0 feet the northwest
from Floyd Nensley, e5 ux to Hensley Packing Company, Inc. by
Dee4 dated April 6, 1971 and recorded in Volume 519, Page
of the Deed Records of Denton County, Texas, a total distance
of 5~0.0 feet to a point for a corner, same being the northeast
corner of/the aforementioned "First Tract";
THENCE south passing at 49.0 feet the southeast corner of the
aforementioned "First Tract" a total distance of 195.0 feet to
a point for a corner;
Z-1431 - WEL~ON N. MILLER - PAGE ONE
THENCE north 89° [4' west a distance of 343.6 feet to a point for
a corner same being the most easterly northeast corner of the
afo~ementioned "Second Tract";
THENCE south along the moat easterly east boundary line of said
"Second Tract" a distance of 40.0 feet to a point for a co~ner,
same being the southeast corner of said "Second Tract";
THENCE north 89° 14' west along the most southerly south boundary
line of said "Second Tract" a distance of 253.4 feet to a point for
a corns: sane being the most southerly southwest corner of said
Second Tract;
THENCE north a distance Of 123.9 feet to a point for a corner, same
being an inne£ ell corner of said "Second Tract";
THENCE north 89° 14' west a distance of 356.0 feet to a point for
a corner in the east right of way line of Newton Street said point
also being the moat westerly southwest corner of said "Second
Tract";
THENCE north along the most westerly west boundary line of said
"Second Tract' sane being the east right of way line of Newton
Street a distance of 20.0 feet to the place of be~nning and
containing 2.952 acres of land, more or lees.
SECTION II.
That the City Counci~ of the City of Denton, Texas hereby finds
that such change is in accordance with a comprehensive plan for the
purpose of promoting the general welfare of the City of Denton,
Texas, and with reasonable consideration, among other things for
the character of the district and for its peculiar suitability or
particular uses, and with a view to conserving the value of the
buildings, protecting human lives, and encouraging the most
approgriate uses of land for the maximum benefit to the City of
Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and a~proval, the requi:ed public
hearings having heretofo:~ been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas, after
giving due notice thereof.
PASSED AND APPROVED this the 29=hday of January, A. D. 1980.
B I L~NKS~, MAYOR
". CITY OF DENTON, TEXAS
ATTEST: '~
~];J~'~i HO~T, CITY S~R~TARY
ri':7 ';~' DKNTON, TEXAS
A~,;,;,,~'/F.D AS T0 LEGAL FO~
C. ;. TAYLOR, JR., CITY ATTORNEY
CFI'7 '~" OENTON, TEXAS