2016-037S: \Legal \Our Documents \Ordinances \16\Z15 -0032 Ordinance.doex
ORDINANCE NO, 2016 -037
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A REZONING TO A
NEIGHBORHOOD RESIDENTIAL 4 (NR -4) ZONING DISTRICT AND USE
CLASSIFICATION FOR THREE TRACTS OF LAND GENERALLY LOCATED 1,500 FEET
SOUTH OF THE INTERSECTION OF KINGS ROW AND NORTH LOOP 288, IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS. TRACT 1 IS APPROXIMATELY 1.3 ACRES IN
SIZE AND IS CURRENTLY ZONED A COMMUNITY MIXED USE GENERAL (CM -G)
DISTRICT. TRACT 2 IS APPROXIMATELY 1.08 ACRES IN SIZE AND IS CURRENTLY
ZONED A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU -12) DISTRICT.
TRACT 3 IS APPROXIMATELY 0.51 ACRES IN SIZE AND IS CURRENTLY ZONED A
NEIGHBORHOOD RESIDENTIAL 3 (NR -3) DISTRICT; ADOPTING AN AMENDMENT TO
THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z15 -0032)
WHEREAS, Randall Smith, on behalf of the property owner, Windsor Oaks Residential
Trust #44, has applied for a zoning change for three tracts of land totaling approximately 2.89
acres legally described in Exhibit "A" and illustrated in Exhibit "B ", attached hereto and
incorporated herein by reference (hereinafter, the "Properties ") from CM -G, NRMU -12, and NR-
3 zoning districts and use classifications to an NR -4 zoning district and use classification; and
WHEREAS, on January 13, 2016, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval (5 -0) of the change in zoning district and use
classification; and
WHEREAS, on February 2, 2016, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and procedural
standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the
Denton Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-L. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classification for the Properties is hereby changed
from CM -G, NRMU -12, and NR -3 to NR -4.
SECTION 3. The City's official zoning map is hereby amended to show the change in the
zoning districts and use classifications.
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 the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance .......... shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
...............
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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 .b 2016.
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CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
A1'P"ED AS°"" "O LEGAL FORM:
AN9 "1" BURGESS, CITY ATTORNEY
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Exhibit A
Legal Description
TRACT 1
FIELD NOTES to all that certain tract of land situated in the C. Carter Survey, Abstract
Number 275 and the D. Culp Survey, Abstract Number 287, in the City of Denton,
Denton County, Texas, being a part of a called 111.64 acre tract of land described in a
deed to Edward F. Wolski, as recorded in County Clerk File Number 2005 - 16351, Real
Property Records, Denton County, Texas, the subject tract being more particularly
described as follows;
COMMENCING at a capped iron rod found stamped "Carter & Burgess" for the
Northwest corner of said 111.64 acre tract;
THENCE South 88 degrees 33 minutes 36 seconds East with the North line thereof, a
distance of 725.63 feet to a point for the Northeast corner of said 111.64 acre tract in
the West line of Loop 288 and being in a curve to the right having a radius of 3709.72
feet and a chord bearing and distance of South 40 degrees 50 minutes 37 seconds
East, 503.03 feet;
THENCE Southeasterly with the arc of said curve, the East line of said 111.64 acre tract
and the West line of said Loop 288, an arc distance of 503.41 feet to a concrete
monument found on said line;
THENCE South 31 degrees 28 minutes 40 seconds East with the East line of said
111.64 acre tract and the West line of said Loot 288, a distance of 581.22 feet to a 5/8"
iron rod found on said line;
THENCE North 89 degrees 00 minutes 19 seconds West, departing the East line of said
111.64 acre tract and the West line of said Loop 288, a distance 660.29 feet to the most
Easterly Northeast corner and POINT OF BEGINNING of the herein described tract;
THENCE South 08 degrees 24 minutes 39 seconds East, a distance of 462.76 feet to a
point at the beginning of a curve to the left having a radius of 436.50 feet and a chord
bearing and distance of South 28 degrees 17 minutes 57 seconds East, 296.98 feet;
THENCE Southeasterly with the arc of said curve, an arc distance of 303.03 feet to a
point for the most Southerly corner of the herein described tract, said point being at the
beginning of a curve to the right having a radius of 500.00 feet and a chord bearing and
distance of North 30 degrees 56 minutes 44 seconds West, 430.53 feet;
THENCE Northwesterly with the arc of said curve, an arc distance of 445.08 feet to a
point on the West line of the herein described tract at the beginning of a curve to the left
having a radius of 621.51 feet and a chord bearing and distance of North 19 degrees 03
minutes 32 seconds West, 292.59 feet;
THENCE Northwesterly with the arc of said curve, an arc distance of 295.36 feet to a
point on the West line of the herein described tract;
THENCE North 30 degrees 49 minutes 52 seconds West, a distance of 45.00 feet to a
point for an inner ell corner on the West line of the herein described tract, said point
being at the beginning of a curve to the right having a radius of 750.00 feet and a chord
bearing and distance of South 63 degrees 03 minutes 54 seconds West, 101.92 feet;
THENCE Southwesterly with the arc of said curve, an arc distance of 102.00 feet to a
point for the most Westerly Southwest corner of the herein described tract;
THENCE North 00 degrees 18 minutes 10 seconds West, a distance of 146.85 feet to a
point for the Northwest corner of the herein described tract at the beginning of a curve
to the left having a radius of 939.17 feet and a chord bearing and distance of North 79
degrees 30 minutes 50 seconds East, 113.88 feet;
THENCE Northeasterly with the arc of said curve, an arc distance of 113.95 feet to a
point for the most Northerly Northeast corner of the herein described tract;
THENCE South 12 degrees 10 minutes 37 seconds East, a distance of 110.03 feet to a
point for an inner ell corner of the East line of the herein described tract;
THENCE North 76 degrees 35 minutes 21 seconds East, a distance of 90.44 feet to the
POINT OF BEGINNING and enclosing 1.39 acres of land more or less.
TRACT 2
FIELD NOTES to all that certain tract of land situated in the D. Culp Survey, Abstract
Number 287, in the City of Denton, Denton County, Texas, being a part of a called
111.64 acre tract of land described in a deed to Edward F. Wolski, as recorded in
County Clerk File Number 2005 - 16351, Real Property Records, Denton County, Texas,
the subject tract being more particularly described as follows;
COMMENCING at a capped iron rod found stamped "Carter & Burgess" for the
Northwest corner of said 111.64 acre tract;
THENCE South 88 degrees 33 minutes 36 seconds East with the North line thereof, a
distance of 725.63 feet to a point for the Northeast corner of said 111.64 acre tract in
the West line of Loop 288 and being in a curve to the right having a radius of 3709.72
feet and a chord bearing and distance of South 40 degrees 50 minutes 37 seconds
East, 503.03 feet;
THENCE Southeasterly with the arc of said curve, the East line of said 111.64 acre tract
and the West line of said Loop 288, an arc distance of 503.41 feet to a concrete
monument found on said line;
THENCE South 31 degrees 28 minutes 40 seconds East with the East line of said
111.64 acre tract and the West line of said Loot 288, a distance of 581.22 feet to a 5/8"
iron rod found at the beginning of a curve to the right having a radius of 3709.72 feet
and a chord bearing and distance of South 17 degrees 54 minutes 19 seconds East,
1350.34 feet;
THENCE Southeasterly with the arc of said curve, the West line of said Loop 288 and
the East line of said 111.64 acre tract, an arc distance of 1357.91 feet to a point on said
line;
THENCE North 50 degrees 49 minutes 21 seconds West, departing the East line of said
111.64 acre tract and the West line of said Loop 288, a distance 723.00 feet to the
Northeast corner and POINT OF BEGINNING of the herein described tract;
THENCE South 09 degrees 52 minutes 10 seconds West, a distance of 675.09 feet to a
point for the Southeast corner of the herein described tract;
THENCE South 79 degrees 21 minutes 01 seconds West, a distance of 19.96 feet to a
point for the Southwest corner of the herein described tract;
THENCE North 01 degrees 30 minutes 05 seconds East, a distance of 690.31 feet to a
point for the Northwest corner of the herein described tract at the beginning a curve to
the left having a radius of 436.50 feet and a chord bearing and distance of South 78
degrees 19 minutes 04 seconds East, 27.62 feet;
THENCE Southeasterly with the arc of said curve, an arc distance of 27.62 feet to a
point on the North line of the herein described tract;
THENCE South 80 degrees 07 minutes 50 seconds East, a distance of 91.56 feet to the
POINT OF BEGINNING and enclosing 1.08 acres of land more or less.
TRACT 3
FIELD NOTES to all that certain tract of land situated in the D. Culp Survey, Abstract
Number 287, in the City of Denton, Denton County, Texas, being a part of a called
111.64 acre tract of land described in a deed to Edward F. Wolski, as recorded in
County Clerk File Number 2005 - 16351, Real Property Records, Denton County, Texas,
the subject tract being more particularly described as follows;
COMMENCING at a capped iron rod found stamped "Carter & Burgess" for the
Northwest corner of said 111.64 acre tract;
THENCE South 88 degrees 33 minutes 36 seconds East with the North line thereof, a
distance of 725.63 feet to a point for the Northeast corner of said 111.64 acre tract in
the West line of Loop 288 and being in a curve to the right having a radius of 3709.72
feet and a chord bearing and distance of South 40 degrees 50 minutes 37 seconds
East, 503.03 feet;
THENCE Southeasterly with the arc of said curve, the East line of said 111.64 acre tract
and the West line of said Loop 288, an arc distance of 503.41 feet to a concrete
monument found on said line;
THENCE South 31 degrees 28 minutes 40 seconds East with the East line of said
111.64 acre tract and the West line of said Loot 288, a distance of 581.22 feet to a 5/8"
iron rod found at the beginning of a curve to the right having a radius of 3709.72 feet
and a chord bearing and distance of South 17 degrees 54 minutes 19 seconds East,
1350.34 feet;
THENCE Southeasterly with the arc of said curve, the West line of said Loop 288 and
the East line of said 111.64 acre tract, an arc distance of 1357.91 feet to a point on said
line;
THENCE South 85 degrees 45 minutes 19 seconds West, departing the East line of
said 111.64 acre tract and the West line of said Loop 288, a distance 1129.85 feet to
the Northwest corner and POINT OF BEGINNING of the herein described tract;
THENCE South 61 degrees 13 minutes 09 seconds East, a distance of 435.79 feet to a
point for the Northeast corner of the herein described tract;
THENCE South 06 degrees 55 minutes 08 seconds East, a distance of 15.87 feet to a
point for corner on the East line of the herein described tract;
THENCE South 26 degrees 17 minutes 50 seconds West, a distance of 33.60 feet to a
point for the most Easterly Southeast corner of the herein described tract;
THENCE Northwesterly with the South line of the herein described tract, the following
14 courses and distances:
1) South 61 degrees 23 minutes 14 seconds West, a distance of 0.31 feet to a
point;
2) South 80 degrees 48 minutes 13 seconds West, a distance of 17.15 feet to a
point;
3) North 65 degrees 31 minutes 52 seconds West, a distance of 40.37 feet to a
point;
4) North 48 degrees 28 minutes 03 seconds West, a distance of 21.74 feet to a
point;
5) North 73 degrees 36 minutes 49 seconds West, a distance of 28.05 feet to a
point;
6) North 49 degrees 57 minutes 44 seconds West, a distance of 29.39 feet to a
point;
7) North 76 degrees 20 minutes 04 seconds West, a distance of 18.75 feet to a
point at the beginning of a curve to the right having a radius of 60.00 feet and a
chord bearing and distance of North 59 degrees 38 minutes 56 seconds West,
38.75 feet;
8) Northwesterly with the arc of said curve, an arc distance of 39.46 feet to a point;
9) North 57 degrees 13 minutes 44 seconds West, a distance of 58.56 feet to a
point;
10) North 53 degrees 49 minutes 30 seconds West,
point;
11) North 54 degrees 08 minutes 25 seconds West,
point;
12) North 49 degrees 00 minutes 48 seconds West,
point;
13)North 34 degrees 52 minutes 27 seconds West,
point;
a distance of 53.17 feet to a
a distance of 31.87 feet to a
a distance of 80.49 feet to a
a distance of 28.46 feet to a
14)North 08 degrees 05 minutes 13 seconds West, a distance of 18.91 feet to the
POINT OF BEGINNING and enclosina 0.51 acres of land more or less.
Exhibit B
Site Location Map
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