2004-140S:\Our Documents\OrdinancesX04~Z04~0012.doc
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING A TRACT OF LAND,
COMPRISING APPROXIMATELY 19.51 ACRES LOCATED IN THE G. WALKER
SLrRVEY, ABSTRACT NO. 1330, IN THE M.E.P. AND P.R.R. CO. SURVEY ABSTRACT
NUMBER 950, AND IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, IN THE
CITY OF DENTON TO THE REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D)
ZONING DISTRICT CLASSIFICATION; THE TRACT BEING GENERALLY LOCATED
NORTH OF POCKRUS PAGE, EAST OF MAYHILL ROAD, AND SOUTH OF EDWARDS
ROAD, IN THE CITY OF DENTON; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE (Z04-0012).
WHEREAS, Flowers Baking Co. of Denton, LLC has applied for the original zoning for
an approximate 19.51 acres of land being annexed into the City of Denton, to the Regional
Center Commercial Downtown (RCC-D) zoning district classification and use; and
WHEREAS, on March 10, 2004, the Planning and Zoning Commission recommended
approval of the requested zoning; and
WHEREAS, the City Council finds that the zoning 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 19.51 acre
property, as described in the legal description attached hereto and incorporated herein as Exhibit
"A", is hereby zoned to the Regional Center Commercial Downtown (RCC-D) zoning district
classification and use designation under the comprehensive zoning ordinance of the City of
Denton, Texas.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
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.
SECTION 5. 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 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 on this the f~ dayof ~f~" ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
By: v t..- ~/,,,../
2
EXHIBIT "A"
All that certain tract or parcel of land lying and being situated in the G. Walker Survey
Abstract Number 1330, in the M.E.P. & P.R.R. Co. Survey Abstract Number 950, and in the
D. Lambert Survey Abstract Number 784, Detuon County, Texas, and being part of the
called 27.4367 acre tract described in the deed to Andrew Corporation, recorded in Volume
912, Page 790, Deed Records of Denton County, Texas, part of the called 8.773 acre tract
described in the Deed to Andrew Corporation, recorded in Volume 912, Page 797 of the
Deed Records of Denton County, Texas, part of the called 3.000 acre tract described in the
Deed to Andrew Corporation, recorded in Volume 912, Page 804 of the Deed Records of
Denton County, Texas, part of the called 79.4992 acre tract, described in a deed to Andrew
Corporation, recorded in Volume 912, Page 821, Deed Records, Denton County, Texas, all
of the 3.59 acres of land described in 96-R0014833 of the Real Property Records of Denton
County, Texas, and part of Andrew Addition Phase One as shown by the plat thereof
recorded in Cabinet B, Page 12 of the Plat Records of Detuon County, Texas and being more
particularly described as follows:
Beginning at a found railroad spike at the northeast comer of the 27.4367-acre Andrew Tract
in Edwards Road;
Thence south 02 degrees 40 minutes 55 seconds west with the east line of the 27.4367 acre
Andrew Tract a distance of 698.28 feet to a found iron pin at an angle point in the east line of
the 27.4367 acre Andrew Tract;
Thence south 02 degrees 43 minutes 42 seconds west continuing with the east line of the
27.4367 acm Andrew Tract a distance of 1249.03 feet to a found iron pin at the southeast
comer of the 27.4367 acre Andrew Tract on the north line of the 22.967 acre tract to Julie K.
Clark recorded under clerks file number 95-R0000602 of the Real Property Records of
Denton County, Texas;
Thence north 87 degrees 33 minutes 17 seconds west with the south line of the 27.4367 acre
Andrew Tract a distance of 622.20 feet to a found iron pin at the southwest comer of the
27.4367 acre Andrew Tract, the northwest comer of the 22.967 acre Clark Tract, the
northeast comer of the 3.59 acre Andrew Tract, and the eastern most southeast comer of
Andrew Addition;
Thence south 03 degrees 19 minutes 02 seconds west with the east line of the 3.59 acre
Andrew Tract and the west line of the 22.967 acre Clark Tract a distance of 472.97 feet to a
fence comer post at an angle point in the east line of the 3.59 acre Andrew Tract and the
northwest comer of the called 0.942 acre tract described in the deed to Julie K. Clark
recorded under clerks file number 99-R0000310 of the Real Property Records of Denton
County, Texas;
Thence south 03 degrees 01 minutes 21 seconds west continuing with the east line of the 3.59
acre Andrew Tract and the west line of the 0.942 acre Clark Tract a distance of 224.75 feet to
a steel pipe at the southeast comer of the 3.59 acre Andrew Tract on the north right-of-way
line of Pockrus Page Road;
Thence north 87 degrees 56 minutes 40 seconds west with the south line of the 3.59 acre
Andrew Tract a distance of 218.61 feet to a fence comer post at the southwest comer of the
3.59 acre Andrew Tract and the southeast comer of the tract of land described in the deed to
Betty John Robertson recorded in Volume 2423, Page 932 of the Real Property Records of
Denton County, Texas;
Thence north 01 degrees 47 minutes 13 seconds east with the west line of the 3.59 Andrew
Tract and the east line of the Robertson Tract a distance of 683.38 feet to an iron pipe at the
northwest comer of the 3.59 acre Andrew Tract and the northeast comer of the called 3.980
acre tract to Kenneth D. Owen recorded in Volume 763, Page 137 of the Deed Records of
Denton County, Texas on a south line of Andrew Addition;
Thence north 87 degrees 39 minutes 54 seconds west with a south line of Andrew Addition
and the north line of the Owen Tract a distance of 363.71 feet to a found iron pin at an inner
ell comer of the Andrew Addition;
Thence south 03 degrees 03 minutes 00 seconds west with an east line of Andrew Addition
and the west line of the Owen Tract a distance of 397.16 feet to a found iron pin;
Thence south 39 degrees 11 minutes 57 seconds east with an east line of Andrew Addition
and the south line of the Owen Tract a distance of 382.68 feet to a found iron pin at the
southern most southeast comer of Andrew Addition and the southern most southwest comer
of the Owen Tract on the north right-of-way line of Pockms Page Road;
Thence north 87 degrees 46 minutes 12 seconds west with a south line of Andrew Addition
and the north right-of-way line of Pockrus Page Road a distance of 26.57 feet to a found iron
pin at the southern most southwest comer of Andrew Addition on the east right-of-way line
of the old M.K.T. Railroad;
Thence north 39 degrees 14 minutes 16 seconds west with a west line of Andrew Addition a
distance of 412.02 feet to a found iron pin at the beginning ora curve to the right;
Thence with the east right-of-way line of the old M.K.T. Railroad along said curve having a
delta of 26 degrees 11 minutes 57 seconds, a radius of 2814.79 feet, an arc length of 1287.10
feet (chord of north 26 degrees 10 minutes 09 seconds west a distance of 1275.92 feet) to a
found iron pin;
Thence north 13 degrees 00 minutes 38 seconds west continuing with the east right-of-way
line of the old M.K.T. Railroad and the west line of Andrew Addition a distance of 1221.59
feet to a found iron pin at the beginning of a curve to the left;
Thence continuing with the east right-of-way line of the old M.K.T. Railroad along said
curve having a delta of 09 degrees 53 minutes 43 seconds, a radius of 1959.24 feet, an arc
length of 338.37 feet (chord of north 17 degrees 58 minutes 31 seconds west a distance of
337.99 feet) to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" on the
south right-of-way line of Mayhill Road as described in the Street Right-of-Way Deed to the
City of Denton recorded in Volume 4936, Page 1841 of the Real Property Records of Denton
County, Texas at the beginning of a curve to the left;
Thence with the south right-of-way line of Mayhill Road along said curve having a delta of
01 degrees 17 minutes 13 seconds, a radius of 540.00 feet, an arc length of 12.13 feet (chord
of north 66 degrees 07 minutes 51 seconds east a distance of 12.13 feet) to a set "X" in
concrete at the intersection of the south right-of-way line of Mayhill Road and the west right-
of-way line of Edwards Road as described in the Street Right-of-Way Deed to the City of
Denton recorded in Volume 4936, Page 1841 of the Real Property Records of Denton
County, Texas;
Thence south 27 degrees 41 minutes 50 seconds east with the west right-of-way line of
Edwards Road a distance of 147.27 feet to a set iron pin with a yellow plastic cap stamped
"Metroplex 1849" at the beginning of a curve to the left;
Thence continuing with the west right-of-way line of Edwards Road along said curve having
a delta of 59 degrees 01 minutes 36 seconds, a radius of 330.00 feet, an arc length of 339.97
feet (chord of south 57 degrees 12 minutes 38 seconds east a distance of 325.13 feet) to a set
iron pin with a yellow plastic cap stamped "Metroplex 1849";
Thence south 86 degrees 44 minutes 08 seconds east with the south right-of-way line of
Edwards Road a distance of 1797.84 feet to a found iron pin;
Thence north 03 degrees 30 minutes 26 seconds east a distance of 35.49 feet to a found
railroad spike in Edwards Road on the north line of the 27.4367 acre Andrew Tract;
Thence south 88 degrees 03 minutes 58 seconds east with the north line of the 27.4367 acre
Andrew Tract a distance of 172.15 feet to the point of beginning and containing in all 19.51
acres of land.
LOCATION MAP