2005-007ORDINANCE NO. ~00~-~00 ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF APPROXIMATELY 35 ACRES FROM A PLANNED DEVELOPMENT 120 (PD-
120) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 4 0N-R-4) ZONING
DISTRICT FOR PROPERTY GENERALLY LOCATED ADJACENT TO THE SOUTH SIDE
OF LOOP 288 AND THE EAST SIDE OF NICOSIA STREET IN THE T. TOBY SURVEY,
ABSTRACT NO. 1288, IN CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
A SEVERABILITY CLAUSE AND AN EFFECTWE DATE.
(Z04-0026)
WHEREAS, Mitchell Planning Group, L.L.C., has applied for a change in zoning for for two
parcels of land containing approximately 35 acres as more particularly described in Exhibit "A"
attached hereto and made a part hereof as Exhibit "A" (the "Property") from Planned Development
120 (PD-120) zoning district classification to Neighborhood Residential 4 (NR-4) zoning district
classification and use designation; and
WHEREAS, on December 1, 2004, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change is 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.
SECTION 2. The zoning district classification and use designation of the Propertyis hereby
changed from a Planned Development 120 (PD-120) zoning district classification to Neighborhood
Residential 4 (NR-4) zoning district classification and use.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
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 $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the /./~__t~ day of (/
EULnXr/
2005.
IROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~5557~ '~'
PAGE 2
Exhibit A
AI.L THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING BI'IIJA't',~D IN THE T.
TO~BY BLIRVEY, ABSTRACT NUMBER 1288, DENTON COUNTY, TEX/~ AND BEING A PART
OF A TRACT DF..~CRIBED IN A DEED TO KDRC {1UMITED PARTNERSHIP RECORDED 1N
COUNTY CLERK'S NUMBER ~02 REAL PROPERTY RECORDS, DENTON COUNTY.
TEXAS, AND BEII~G MORE PAR'F~CULARLY DESCRIBED AS FOLLOW~:
BEGINNING AT THE NORTHWE~r CORNER OF SAiD KDRC !1 TRACT-AND THE
NORTHEAST CORNER OF LO1* f, BLOCK ~, TEXAS IN~i'RUMENT$ ADDITION ACCORDING
TO THE PLAT THEREOF RECORDED IN CABINET G, PAGE 48 PLAT RECORDS DENTON
COUNTY. TEXAS, ATA RIGHT-OF WAY MONUMENT FOR CORNER ON THE
INTERSECTION OF THE ~'~OUTH RIGHT-OF WAY LINE OF HIGHWAY LOOP 288 AND THE
EAST RIGHT. OF WAY LINE OF TERUNOUA STREET;,
THENCE 6OUTH 87 DEGREES 04 MINUll~ 66 SECOND~ EAb-'T WITH THE NORTH UNE
OF SAID KDRC I! TRACT AND THE SOUTH RIGHT4D~ WAY UNE OF HIGHWAY LOOP 286 A
DI~'TAN~E OF 35.89 FEET TO A RIGHT.OF WAY MONUMENT FOR CORNER:
THENCE NORTH 82 DEGREES 12 MINUTES t t SECONDS EAST WFI'H THE NOR-I-H LLNE
OF SAID KDRC I! TRA~q' AND THE ~3UTH RIGHT-OF WAY UNE OF HIGHWAY LOOP 288 A
DISTANCE OF 5~3.0t FEET TO A RIGHT-OF WAY MONUMENT FOR CORNER;
THENCE ~,OUTH 07 DEGREES 36 MINUTES 35 SECONDS EASTA DISTANCE OF 40g.09
}=EEl' TO A FOUND IRON PiN;
THENCE SOUTH 07 DEGREES 59MINIJTE$ t? SECONDS WEST A DIb-'TANCE OF ~;;:61
FEET TO A FOUND IRON PIN;
THENCE NORTH 88 DEGREES 04 MINUTE8 50 SECONDS WEST A DISTANCE OF 575.1
FEET TO A FOUND IRON PIN ON THE WEST LINE OF GAID KDRC II TRACT AND THE F.A~T
LINE OF SAID TERINGUA STREET;
THENCE NORTH 00 DEGREES 84 MINU1ES 41 SECONDS EAST IMTH THE WES'TUNE OF
~.ID KDRG II TRACT AND THE FA,ST UNE OF SAID TERINGUA;~*i'~I~'T A DISTANCE OF
$54.95 FEET TO THE POINT-OF-BE~NNING, AND CONTAINING IN ALL 7.875 ACRES OF
FIELD NOTES to all that certain tract of land in the T. Toby Survey,
Abstract Number 12Be and being part of the called 141.1301 acre Tract 1
described in the deed from KDRC II to Locust/288 Partners, Ltd recorded
in Volume 4299, Page 805 of the Deed Records of Denton Couaxty, Texas,
the subject tract being more particularly described by metes and hound~
as follows;
Beginnin9 at the Northwest corner of the tract being described herein
at an aluminum right-of-way monument found on the South right-of-way of
Loop 288 aa mo~umented at the Northwest cor~er of the said 141.i301
acre tract;
THENCE North 77 Degrees 00 Minutes 58 Seconds East with the South right
of way of Loop 288 and a North llne of the 141.1301 ac~e tract a
distance of 306.27 feet to an aluminum right-of~way monument;
THENCE North 7S Degrees 21 Minutes 26 Seconds ~ast continuing with the
South right-of-way of Loop 288 and a North line Of the 141.130! acre
tract a distance of §82.28 feet to a ~ inch iron rod found at the
Northeast corner of the tract being described herein and the Northeast
corner of the 141.1301 acre tract;
T~ENCE South 14 Degrees 38 Minutes 10 Seconds East with an East line of
the 141.1301 acre tract a distance of 453.37 feet to a W inch iron rod
found;
THENCE South 89 Degrees 02 Minutes 24 Seconds East with a North line of
the 141.1301 acre tract a distance of 388.46 feet to a ~ inch iron rod
found at the Easterly Northeast corner thereof at reentrant corner of
the called 200.00 acre tract described in the deed from 270 J.V. to
KDRC II recorded under Clerk's File Number 9~-R0066002 of the Real
Property Records of Denton County, Texas;
T~SNCE South 01 Degrees 52 Minutes 28 Seconds West with the East llne
of the 141.1301 acre tract and the said 200.00 acre tract a distance of
921.11 feet to a 5/S inch iron rod found with a yellow Gap stamped
"EHB" at the Northeast corner of the called 102.900 acre tract
described in the deed from Locust~286 Partners, Ltd. to Nicosia & 77,
L,P. recorded in Volume 5144, Page 1032 of said Deed Records;
THENCE across the 141.1301 acre tract with the North line of the
102.900 acre tract the following six calls:
4.
North 89 Degrees 11 Minutes 34 Seconds
feet to a 5/8 inch iron rod found wluh
"BHB";
North 62 Degrees 21 Minutes 11 Seconds
feet to a 5/8 inch iron rod found with
"BHB";
North 05 Degrees 43 Minutes 02 Seconds
West a distance of 160.28
a yellow cap stamped
West a distance of 1044.89
a yellow cap stamped
West a distance of 60.02
fee= to a 5/8 inch iron rod found with a yellow cap stamped
in a Westerly curve to the right having a radius of 430.16 ~eet;
Along said curve arc distance of 50.84 feet (chord bearing of
South 87 Degrees 43 Minutes 17 Seconds West and a chord distance
of 50,81 feet) to a ~ inch iron ro~ sec with a yellow plastic cap
stamped "COLEMAN RPLS 4001" at the end of the curve;
North 88 Degrees 53 Minutes 3S Seconds West a distance of 55.50
feet to a $/8 inch iron rod found with a yellow cap stamped
"B~B";
North 62 Degrees 22 Minutes 23 Seconds West a distance of 118.22
feet to a 5/8 inch iron rod found with a yellow caD etamDed "BHB"
f{;und at the Northwest corner of the 102.900 acre tract and in
the West line of the 14~.130~ acre tract;
T~CE North 08 Degrees 14 Minutes 44 Seconds ~ast with the West line
Of the 141.1~01 acre tract a distance of 14~,9~ feet to a M inch iron
rod found at an angle Dolnt therein;
THEWCE North 07 Degrees 23 Minutes 25 Seconds West with the west line
of the 141.1301 acre tract a distance of 409.02 feet to the PLACE OF
BEaI~ING and enclosing 26.954 acres of land.