2002-412AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A ZONING
CHANGE FOR A 1.44 ACRE PARCEL FROM NR-3 TO NRMU, A 1.6 ACRE PARCEL FROM
NR-3 TO CM-G, AND A 9.14 ACRE PARCEL FROM NRMU TO CM-G; SUCH PARCELS
BEING GENERALLY LOCATED AT THE NOTHWEST CORNER OF UNIVERSITY DRIVE
AND OLD NORTH ROAD IN THE W. POGUE SURVEY, ABSTRACT NO. 1012, CITY OF
DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (Z02-0052)
WHEREAS, Ralph Mason, on behalf o f Mason-Harrison-Jarrard Enterprises, has initiated a
change in zoning for a 1.44 acre parcel of land described as "Zoning District A" in Exhibit "A"
attached hereto and made a part hereof by reference, from Neighborhood Residential 3 (NR-3) to
Neighborhood Residential Mixed Use CNMRU) (the "Zoning District A Zoning Change"); for a 1.6
parcel of land described as Zoning District B in Exhibit "A", from Neighborhood Residential 3 (NR-
3) to Community Mixed-Use General (CM-G) (the "Zoning District B Zoning Change"); for a 9.14
acre parcel of land described as Zoning District C in Exhibit "A" from Neighborhood Residential
Mixed-Use (NRMU) to Community Mixed-Use General (CM-G) (the "Zoning District C Zoning
Change") (the Zoning District A Zoning Change, Zoning District B Zoning Change and the Zoning
District C Zoning Change are collectively called the "Zoning Changes"); and
WHEREAS, on November 13, 2002, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the Zoning Changes; and
WHEREAS, the City Council finds that the Zoning Changes are 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. The Zoning Changes are hereby approved and adopted.
Notwithstanding the legal descriptions contained in Exhibit "A", the Zoning Changes also include all
property to the centerline of all adjacent street rights-of-way.
SECTION 2. The City's official zoning map is amended to show the Zoning Changes.
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
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.
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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 ~(q~Ct~/~J ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROU~7~TTORNEY
BY:
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Zoning District A
EXHIBIT "A"
FIELD NOTES to ail that certain tract of land situated in the Westly Pogue Survey, Abstract
Number 1012, City of Denton, Denton County, Texas and being a part ora called 1.8978 acm tract
described in the deed from First State Bank of Denton to Danny R. O'Dell as recorded under County
Clerk's File Number 93-R0031344 of said Real Property Records of Denton County, Texas and
being all of the called 0.177 acre tract described in the deed from First State Bank of Denton to
Danny R. O'Dell as recorded under County Clerk's File Number 96-R0011918 of said Real Property
Record of Denton County, Texas, and a part of a called 0.40 acre tract of land described in the deed
fi.om Thompson Properties Ltd. To Harvey Ann Thompson as recorded in Volume 640, Page 442 of
said Deed Records of Denton County, Texas; and being more particularly described as follows:
BEGINNING at a found 1/2" iron rod at the Northwest comer of said 1.8978 acre O'Dell tract;
THENCE South 88 degrees 44 minutes 47 seconds East with the North line thereof a distance of
304.55 feet to a found lA inch iron rod at the Northeast comer thereof at the Northwest comer of a
called 1.8479 acre tract of land described in the deed from John E. Blackwell to Adams 84-A, a
Texas partnership as recorded in Volume 1642, Page 117 of said Real Property Records of Denton
County, Texas;
THENCE South 01 degrees 31 minutes 43 seconds West with the West line thereof and the East [me
of said 1.8978 acre O'Dell tract a distance of 207.09 feet to the Southeast comer of the herein
described tract;
THENCE North 88 degrees 31 minutes 34 seconds West a distance of 302.63 feet to a point in the
West line of said 0.40 acre Thompson tract;
THENCE North 01 degrees 00 minutes 26 seconds East with the West line thereofa distance of 7.82
feet to a found ½ inch iron rod at the Northwest comer thereof and the Southwest comer of said
0.177 acre O'Dell tract;
THENCE North 01 degrees 07 minutes 49 seconds East with the West line thereof a distance of
44.14 feet to a found V2 inch iron rod at the Northwest comer thereof; same being the Westerly most
Southwest comer of said 1.8978 acre O'Dell tract;
THENCE North 00 degrees 57 minutes 26 seconds East a distance of 153.97 feet to the PLACE OF
BEGINNING and enclosing 1.44 acres of land.
Zoning District B
FiELD NOTES to all that certain tract of land situated in the Westly Pogue Survey, Abstract
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Number 1012, City of Denton, Denton County, Texas and being a part of the called 0.822 acre tract
described in the deed from M/D Joint Venture to Conine Capital Corporation as recorded in Volume
2904 Page 42 of the Real Property Records of Denton County, Texas, a part of a called 1.8978 acre
tract described in the deed from First State Bank of Denton to Danny R. O'Dell as recorded under
County Clerk's File Number 93-R0031344 of said Real Property Records of Denton County, Texas
and a part of a called 0.40 acre tract of land described in the deed from Thompson Properties Ltd. To
Harvey Ann Thompson as recorded in Volume 640, Page 442 of said Deed Records of Denton
County, Texas; and being more particularly described as follows:
BEGINNING at a capped ½ inch iron rod set for the Southwest comer of the herein described tract,
same being in the West line of said 0.822 acre Connie Capital Corporation tract;
THENCE North 01 degree 00 minutes 03 seconds East with the West line thereof a distance of
151.08 feet to a found ½ inch iron rod for the Northwest comer thereof at the Southwest comer of a
said 0.40 acre Thompson tract;
THENCE North 01 degrees 00 minutes 26 seconds East with the West line thereof a distance of
92.39 feet to the Northwest comer of the herein described tract;
THENCE South 88 degrees 31 minutes 34 seconds East a distance of 302.63 feet to the Northeast
comer of the herein described tract;
THENCE South 01 degrees 31 minutes 43 seconds West with the West line thereof a distance of
222.05 feet to a found aluminum capped ½ inch iron rod;
THENCE South 89 degrees 10 minutes 51 seconds West with the said new North right-of-way line a
distance of 61.39 feet to a found ½ inch iron rod;
THENCE South 88 degrees 05 minutes 22 seconds West with said right-of-way line a distance of
80.00 feet to a found aluminum capped ½ inch iron rod;
THENCE South 86 degrees 56 minutes 59 seconds West with said right-of-way line a distance of
79.85 feet to a found aluminum capped ½ inch iron rod;
THENCE South 85 degrees 46 minutes 59 seconds West with said right-of-way line a distance of
80.01 feet to the PLACE OF BEGINNING and enclosing 1.60 acres of land.
Zoning District C
FIELD NOTES to all that certain tract of land situated in the Westly Pogue Survey, Abstract
Number 1012, City of Denton, Denton County, Texas and being a part ora called 2 acre tract of land
described in the deed from Miss Harvey Thompson to Kelly L. Brooks and Gerald W. Brooks
Recorded in Volume 459, Page 262, Deed Records of Denton County, Texas, and being a part of
that certain tract of land described in the deed to Telico Land and Cattle Company, Inc. as recorded
under County Clerk's File Number 96-R0073592 of said Real Property Records of Denton County,
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Texas, and being a part of a called 1.9894 acre tract of land described in the deed from Harvey Allen
Thompson et al to Adams 84-A, a Texas Partnership as recorded in Volume 2385, Page 136 of said
Real Property Records of Denton County, Texas, and also being a part of Lots 1 and 2, Thompson
Addition Section Two, an addition in the City of Denton, Denton County, Texas, according to the
plat thereof as recorded in Cabinet C, Page 263 of the Plat Records of Denton County, Texas; and
being more particularly described as follows:
BEGINNING at a found "X" cut in concrete on the West line of Old North Road at a Northeast
comer of said Lot 1 and also being the Southeast comer of Lot One of Thompson Addition, Phase
One, Lot One, and addition to the City of Denton, Denton County, Texas, according to the Plat
thereof as recorded in Cabinet B, Page 146 of said Plat Records of Denton County, Texas;
THENCE South 01 degrees 41 minutes 35 seconds West with the said West line of Old North Road
and the East line of first mentioned Lot 1, passing a found ½ inch iron rod at 80.08 feet for the
Easterly most Southeast comer of said Lot 1 and the Northeast comer of said 1.9894 acre tract,
continuing along said course in all, a total distance of 320.38 feet to a set capped ½ inch iron rod at
the Southeast comer of said 1.9894 acre tract in the North line of US Highway 380 (East University
Drive);
THENCE North 88 degrees 13 minutes 42 seconds West with the South line of said 1.9894 acre tmet
and North line of said US Highway 380, a distance of 278.69 feet to a found aluminum capped
inch iron rod in the new North right-of-way line US Highway 380;
THENCE North 72 degrees 32 minutes 35 seconds West with the said new North right-of-way, a
distance of 88.04 feet to a found aluminum capped ½ inch iron rod in the West line of said 1.9894
acre tract and in the East line of said Lot 1;
THENCE North 73 degrees 39 minutes 24 seconds West with said new North right-of-way line of
US Highway 380, a distance of 80.98 feet to a found aluminum capped ½ inch iron rod;
THENCE North 74 degrees 09 minutes 20 seconds West, a distance of 81.23 feet to a found
aluminum capped ½ inch iron rod in the West line of said Lot 1 and East line of said Lot 2;
THENCE North 75 degrees 59 minutes 18 seconds West continuing along said new North right-of-
way line, a distance of 79.94 feet to a found aluminum capped Va inch iron rod;
THENCE North 77 degrees 07 minutes 40 seconds West, a distance of 80.00 feet to a found
aluminum capped ½ inch iron rod;
THENCE North 78 degrees 16 minutes 03 seconds West, passing the West line of said Lot 2 and
continuing a total distance of 80.00 feet to a found aluminum capped ½ inch iron rod;
THENCE North 79 degrees 24 minutes 27 seconds West continuing along said new right-of-way, a
distance of 80.00 feet to a found aluminum capped ½ inch iron rod;
THENCE North 80 degrees 32 minutes 50 seconds West continuing along said new right-of-way
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line, a distance of 80.00 feet to a found aluminum capped ½ inch iron rod;
THENCE North 81 degrees 41 minutes 13 seconds West, passing the East line of said 2 acre tract at
a distance of 21.43 feet and continuing along said course in all a total distance of 80.00 feet to a
found aluminum capped 1/2 inch iron rod;
THENCE North 82 degrees 49 minutes 37 seconds West, a distance of 80.40 feet;
THENCE North 83 degrees 58 minutes 00 seconds West with said new North right-of-way line of
US Highway 380, a distance of 80.00 feet;
THENCE North 85 degrees 06 minutes 23 seconds West with said new right-of-way line, a distance
of 80.00 feet;
THENCE North 86 degrees 14 minutes 47 seconds West with said new right-of-way linc, a distance
of 80.00 feet;
THENCE North 87 degrees 23 minutes 10 seconds West with said new right-of-way line, a distance
of 80.00 feet;
THENCE North 88 degrees 31 minutes 34 seconds West with said new right-of-way line, passing the
West line of said 2 acre tract at a distance of 38.60 feet and continuing along said course, in all a
total distance of 80.00 feet to a found aluminum capped ½ inch iron rod;
THENCE North 89 degrees 28 minutes 08 seconds West with said new right-of-way line, a distance
of 80.21 feet to a found aluminum capped ½ inch iron rod;
THENCE South 89 degrees 10 minutes 51 seconds West with the said new North right-of-way line,
a distance of 18.34 feet to a found aluminum capped ½ inch iron rod in the West line of said Telico
tract;
THENCE North 01 degrees 31 minutes 43 seconds East with the West line thereof a distance of
222.05 feet to the Northwest comer of the herein described tract;
THENCE South 88 degrees 31 minutes 34 seconds East a distance of 334.40 feet to an angle point;
THENCE South 83 degrees 16 minutes 39 seconds East a distance of 753.83 feet to an angle point;
THENCE South 88 degrees 18 minutes 24 seconds East a distance of 486.69 feet to the PLACE OF
BEGINNING and enclosing 9.14 acres of land.
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