2007-092"' S:\Our Documents\Ordinances\07\ZOb-0025 rinal.doc
ORDINANCE NO. 2DO7-O9z
AN ORDINANCE OF THE CITY OF .DENTON, TEXAS, ZONING UNDER THE
REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION, APPROXIMATELY 23.84 ACRES, GENERALLY LOCATED
ON THE NORTHWEST CORNER OF I-35W AND ROBSON RANCH ROAD, AND
LEGALLY DESCRIBED AS A TRACT OF LAND SITUATED WITHIN THE E. PIZANO
SURVEY, ABSTRACT NO. 994, DENTON COUNTY, TEXAS AND BEIGN A PART OF A
TRACT OF LAND DESCRIBED IN A DEED FROM BILLIE J ESTES BRAHMALL TO
GELIA ESTES COLEMAN AS RECORDED IN VOLUME 4498, PAGE 205 OF THE REAL
PROPERTY RECORDS DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN
THE MAXnVIiJM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Z06-0025)
WHEREAS, Winkelmann & Associates, Inc. has applied for initial zoning for
approximately 23.84 acres from a Rural Residential (RD-5) zoning district to a Regional Center
Residential 1 (RCR-1) zoning district classification and use designation: and
WHEREAS, on January 1Q 2007, the Planning and Zoning Commission concluded a
public hearing as required bylaw, and recommended approval of the requested change in zoning;
and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code; and ;
WHEREAS, the subject property was annexed into the City on April 3, 2007; 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 and found to be true.
SECTION 2. The zoning district classification and use designation for approximately
23.84 acres of land described in Exhibit "A", attached and incorporated hereto, as a tract of land
situated within the E. PIZANO SURVEY, ABSTRACT NO. 994, Denton County, Texas and
being part of a tract of land described in a Deed from Billie J Estes Brahman to Gelia Estes
Coleman, as recorded in Volume 4498, Page 205 of the Real Property Records Denton County,
Texas, (the "Property"), is hereby established for the Property under the Regional Center
Residential 1 (RCR-1) zoning district classification and use designation.
Notwithstanding the above real property description, the property being rezoned includes
all property to the centerline of all adjacent street right-or-way.
SECTION 3. The City's official zoning map is amended to show the zoning district
classification and use designation for the Property.
S:\Our Documents\Ordinances\07\ZO6-0025 finatdoc
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 affect the validity of the
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 L day of , 2007.
PERRY cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
FIELD DESCRIPTION
STATE OF TEXAS
COUNTY OF DENTON
EXHIBIT A
BEING a tract of land situated within the E. PIZANO SURVEY, ABSTRACT NO. 994,
Denton County, Texas and being part of a tract of land described in a Deed from Billie J
Estes Brahmall to Gelia Estes Coleman as recorded in Volume 4498, Page 205 of the
Real Property Records Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a concrete right-of--way monument found at intersection of the westerly
right-of--way line of interstate Highway 35 and the northerly right-of--way line of Robson
Ranch Road (formerly known as Crawford Road) for the most southerly Southeast corner
of the herein described tract:
THENCE South 66 deg. 08 min. 48 sec. West for a distance of 150.84 feet to a PK nail
set in said Robson Ranch Road for corner.
THENCE North 89 deg. 47 min. 07 sec. West along said Robson Ranch Road a distance
of 133.24 feet to a PK nail set for the Southwest corner of the herein described tract, the
same being in the easterly West line of a called Tract 1 described in a Deed from
Hillwood/McCutchin, Ltd., to Petrus Investment, L.P., as recorded in Volume 4246, Page
574 of the Real Property Records of Denton County, Texas.
THENCE North 00 deg. 17 min. 24 sec. East a distance of 2436.06 feet to a 1/2 inch iron
rod found at the most northerly South corner of said Tract 1, for the Northwest corner of
the herein described tract.
THENCE South 89 deg. 46 min. 33 sec. East along or near a fence with the most
northerly South line of said Petrus Investment, L.P. tract a distance 722.74 to a metal
fence comer found for the Northeast corner of the herein described tract, and the
northerly Southeast comer of said Tract 1.
THENCE South 00 deg. 08 min. 17 sec. West along or near a fence with the most
southerly West line of said Petrus Investment, L.P. tract a distance of 1573.44 feet to a
1/2 inch capped iron rod set in the westerly right-of--way line of said Interstate Highway
35 for the most northerly Southeast corner of the herein described tract.
THENCE South 29 deg. 55 min. 32 sec. West with the westerly right-of--way line of said
Interstate Highway 35 a distance of 922.23 feet to the POINT OF BEGINNING.
CONTAINING within these metes and bounds is 35.642 acres or 1,140,174 square feet
of land more or less.
Volume 5090, Page 01244 Deed Records Denton County, Texas