2014-310s:\legal\our documents\ordinances\14�z14-0012 ordinance.docx
ORDINANCE NO. 2014-310
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
INITIAL ZONING DISTRICT AND LAND USE CLASSIFICATION OF
NEIGHBORHOOD RESIDENTIAL 6(NR-6) ON APPROXIMATELY 34.73 ACRES OF
LAND LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY
500 FEET WEST OF SWISHER ROAD, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE (Z14-0012).
WHEREAS, Rod Zielke (ZPS Consulting Engineers) has applied for an initial zoning
request of Neighborhood Residential 6(NR-6) on approximately 34.73 acres of land legally
described in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated herein by
reference (hereinafter, the "Property"); and
WHEREAS, after providing notice and after conducting a public hearing on August 13,
2014 as required by law, the Planning and Zoning Commission recommended approval (6-0) of
the requested initial zoning; and
WHEREAS, after providing notice and after conducting a public hearing on September
16, 2014 as required by law, the City Council finds that the initial zoning is consistent with the
Denton Plan and is in the public interest ; 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 as true.
SECTION 2. The Property is hereby assigned a Neighborhood Residential 6(NR-6)
zoning district classification and use designation. Notwithstanding the attached real property
description, the property being zoned includes all property to the centerline of all adjacent street
rights-of-way
SECTION 3. The City's official land use map is amended to show the change in the land
use designation.
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 ����,�� day c�� � �.µ������°�^ ����'� �� 2014.
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"I � E� I� WATTS, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: � �,����fi�� ;,�� r���� �"������ ������.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT A
LEGAL DESCRIPTION
ZONING TRACT
LEGAL DESCRIPTION OF 34.73 +/- ACRES OF LAND
EDWARDS ROAD, DENTON, TEXAS
Being all that certain tract of land situated in the Gideon Walker Survey, Abstract number 1330,
Denton County, Texas and being a portion of a Tract called Tract 1, the remainder of a called
Tract 2 and all of a called Tract 3 described in the deed from Zack E. Mason to Mary L. Mason
Children's Trust as recorded in Document Number 98-R0031144, of the Real Property Records
of said County; the subject tract being more particularly described as follows:
Commencing at a point in the intersection of Edwards Road and Swisher Road for the northeast
corner of said Tract 1, to a point N 87 degrees 12 minutes 33 seconds W, 500 feet to a Point of
Beginning (POB);
Thence South 02 degrees 40 minutes 49 seconds West with the East line thereof a distance of
876.93 feet to a point;
Thence Southwesterly 403.48 feet along a curve to the right having a radius of 750 feet, a
central angle of 30.82 degrees, and a chord bearing of South 18 degrees OS minutes 31 seconds
West a distance of 398.63 feet.
Thence South 33 degrees 30 minutes 13 seconds West a distance of 63.65 feet to a'/2" iron rod
found for the Northeast Corner of a tract of land described in the deed to Federal Home
Mortgage Corporation as recorded in Document Number 2013-143552 of said Records and
Southwest Corner of said Tract 2 in the North line of a tract of land described in the deed to
Georgina Nunez as recorded in Document Number 95-R0033684 of said Records and Northeast
corner of a called Tract 1 described in the deed to JAMP PROPERTIES, LLC., as recorded in
Document Number 2013-89646 of said Records;
Thence North 87 degrees 31 minutes 10 seconds West with the North line therof and the South
line of said Tract 2 alond and near a fence a distance of 211.43 feet to a'/2' iron rod found for the
Southeast corner of said Tract 2 and the Southeast corner of said Tract 3;
Thence North 88 degrees 04 minutes 22 seconds West with the South line thereof and the North
line of said JAMP tract along and near a fence a distance of 803.12 feet to a'/2" iron rod found
for the Southwest corner of said Tract 3 and the Southeast corner of Lotl, Block 14 of the
Villages of Carmel Phase 1, an addition to said County according to the Amended plat thereof
recorded in Cabinet X, Pages 444-446 of said Plat Records;
Thence North 02 degrees 02 minutes 07 seconds East with said common line a distance of
1327.88 feet to a%z" iron rod found in said Edwards Road for the Northeast corner of a tract of
land described in the deed to VOC1B, LLC., as recorded in Document Number 2013-6738 of
said Real Property Records and the Northwest corner of said Tract 3;
Thence South 87 degrees 21 minutes 23 seconds East with the North line thereof and with
Edwards Road a distance of 638.76 feet to a%2" iron rod found for the Northeast corner of said
Tract 3 and the Northwest corner of said Tract 1;
Thence South 87 degrees 12 minutes 33 seconds East with the North line thereof and with
Edwards Road a distance of 529.22 feet to the Point of Beginning and enclosing 34.73 acres of
land more or less.
EXHIBIT B
LOCATION MAP