2004-141S:\Our Documents\Ordinanees\04~Z04-001 I.doc
ORDINANCE NO. 2004-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING TWO TRACTS OF
LAND, COMPRISING APPROXIMATELY 35.43 ACRES LOCATED IN THE GIDEON
WALKER SURVEY, ABSTRACT NO. 1330, IN THE CITY OF DENTON TO THE
NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATION AND
THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU); THE PROPERTY BEING
GENERALLY LOCATED NORTH OF POCKRUS PAGE, WEST OF SWISHER ROAD,
AND SOUTH OF EDWARDS ROAD, IN THE CITY OF DENTON; PROVIDING FOR A
PENALTY CLAUSE IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE (Z04-0011).
WHEREAS, Harold Holigan/Rita Beck have applied for the original zoning for property
being annexed into the City of Denton consisting of an approximate 26.24 acre tract of land
("Tract 1") to be zoned to the Neighborhood Residential 6 (NR-6) zoning classification and an
approximate 9.19 acre tract of land ("Tract 2") to be zoned to the Neighborhood Residential
Mixed Use (NRMU) zoning classification, which tracts are more particularly described in
Exhibit "A" attached hereto and made a part hereof by reference; and
WHEREAS, on March 10, 2004, the Planning and Zoning Commission recommended
approval of the requested zoning; and
WHEREAS, the City Cotmcil fmds 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 conta'med in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. Tract 1 is hereby zoned to the Neighborhood Residential 6 (NR-6) and
Tract 2 is hereby zoned to the Neighborhood Residential Mixed Use (NRMU) zoning district
classifications and use designations 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.
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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 /v/~ day of ~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBE~ORNEY
By:
EXHIBIT "A"
BEING TWO TRACTS OF LAND SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT
NO. 1330, DENTON COUNTY, TEXAS AND BEING ALL OF A CALLED 8.834 ACRE TRACT OF
LAND CONVEYED TO KLHB DEVELOPMENT OF DENTON, LLC, AS EVIDENCED IN A DEED
RECORDED IN VOLUME 4889, PAGE 1799, THE REMAINING PORTION OF A CALLED
TRACT ONE, CONVEYED TO JOY POWELL AS EVIDENCED IN A DEED RECORDED IN
VOLUME 1695, PAGE 0921, A PORTION OF A CALLED 4.75 ACRE TRACT CONVEYED TO
POCKRUS PAGE RD., LTD., AS EVIDENCED IN A DEED RECORDED IN VOLUME 5328, PAGE
5082, A PORTION OF A CALLED 16.0 ACRE TRACT OF LAND CONVEYED TO RICHARD A.
BARIA, AS EVIDENCED IN VOLUME 1329, PAGE 202, A PORTION OF A TRACT OF LAND
CONVEYED TO SAID RICHARD ARLEN BARIA, ET UX, AS EVIDENCED IN A DEED
RECORDED IN VOLUME 471, PAGE 235, THE REMAINING PORTION OF A CALLED 10.395
ACRE TRACT OF LAND CONVEYED TO w. e. BUCKALEW, AS EVIDENCED IN A DEED
RECORDED IN VOLUME 530, PAGE 054, A PORTION OF THE REMAINING PORTION OF A
TRACT OF LAND CONVEYED TO ED COWART, AS EVIDENCED IN A DEED RECORDED IN
VOLUME 414, PAGE 447, A PORTION OF A CALLED 4.00 ARCE TRACT OF LAND
CONVEYED TO CHARD TANNER COWART, ET UX, AS EVIDENCED IN A DEED RECORDED
IN VOLUME 4784, PAGE 1256, ALL OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS (R.P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
TRACT 1
BEGINNING AT THE NORTHWEST CORNER OF A CALLED 10.00 ACRE TRACT OF LAND,
CONVEYED TO ALLEN P. LUBBERS AS EVIDENCED IN A DEED RECORDED IN COUNTY
CLEARK'S FILE NO. 96-R0069629 R.P.R.D.C.T., AND THE NORTHWEST CORNER OF THE
CURRENT CITY LIMITS LINE OF THE CITY OF DENTON AS DESCRIBED IN CITY
ORDINANCE NUMBER 99-262, SAME BEING IN EDWARDS ROAD; ,
THENCE SOUTH 02 DEGREES 16 MINUTES 53 SECONDS WEST, ALONG THE WEST LINE OF
SAID 10.00 ACRE TRACT AND THE WEST CITY LIMITS LINE AS DESCRIBED IN SAID CITY
ORDINANCE NUMBER 99-262, A DISTANCE OF 1336.22 FEET TO A CORNER, SAME BEING
ON THE NORTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 84-17;
THENCE NORTH 87 DEGREES 56 MINUTES 20 SECONDS WEST, DEPARTING THE WEST
LINE OF SAID 10.00 ACRE TRACT AND ALONG SAID NORTH CITY LIMIT LINE, A
DISTANCE OF 1193.51 FEET TO A CORNER, SAME BEING ON THE WEST LINE OF
AFORESAID 16.0 ACRE TRACT;
THENCE NORTH 02 DEGREES 37 MINUTES 25 SECONDS EAST, CONTINUING ALONG THE
SAID WEST LINE, A DISTANCE OF 788.12 FEET TO A CORNER;
THENCE SOUTH 86 DEGREES 34 MINUTES 49 SECONDS EAST, DEPARTING THE WEST
LINE OF SAID 16.0 ACRE TRACT, A DISTANCE OF 511.14 FEET TO A CORNER;
THENCE SOUTH 87 DEGREES, 47 MINUTES 33 SECONDS EAST, A DISTANCE OF 302.42
FEET TO A CORNER ON THE WEST LINE OF SAID TED COWART TRACT;
~HENCE NORTH 02 DEGREES 11 MINUTES 11 SECONDS EAST, ALONG THE WEST LINE OF
SAID COWART TRACT, A DISTANCE OF 569.08 FEET TO A CORNER, SAME BEING ON THE
SOUTH CITY LIMITS LINE AS DESCRIBED IN CITY ORDINANCE 86-15;
THENCE SOUTH 86 DEGREES 59 MINUTES 34 SECONDS EAST, ALONG SAID CITY LIMITS
LINE, A DISTANCE OF 378.63 FEET TO THE POINT OF BEGINNING AND CONTAINING
26.24 ACRES OF LAND.
TRACT 2
BEGINNING AT THE NORTHEAST CORNER OF AFORESAID 8.834 ACRE, AS CONVEYED
TO SAID KLHB DEVELOPMENT OF DENTON, LLC;
THENCE SOUTH 02 DEGREES 02 MINUTES 31 SECONDS WEST, ALONG THE EAST LINE OF
SAID 8.834 ACRE TRACT, THE EAST LINE OF THE JOY POWELL REMAINDER, A DISTANCE
OF 724.32 FEET TO A CORNER;
THENCE NORTH 87 DEGREES 02 MINUTES 50 SECONDS WEST, A DISTANCE OF 73.11 FEET
TO A CORNER;
THENCE SOUTH 02 DEGREES 00 MINTUES 40 SECONDS WEST, A DISTANCE OF 596.16
FEET TO A CORNER;
THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, A DISTANCE OF 208.69
FEET TO A CORNER, SAME BEING ON THE EAST CITY LIMITS LINE AS DESCRIBED IN
CITY ORDINANCE NUMBER 84-17;
THENCE NORTH 02 DEGREES 21 MINUTES 34 SECONDS WEST, ALONG THE SAID EAST
CITY LIMITS LINE, A DISTANCE OF 165.27 FEET TO A CORNER;
THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST, CONTINUING ALONG SAID
EAST CITY LIMITS LINE, A DISTANCE OF 315.27 FEET TO A CORNER;
THENCE NORTH 88 DEGREES 42 MINUTES 30 SECONDS WEST, CONTINUING ALNG SAID
EAST CITY LIMITS LINE, A DISTANCE OF 497.34 FEET TO A CORNER;
THENCE NORTH 10 DEGREES 22 MINUTES 22 SECONDS WEST, CONTINUING ALONG SAID
EAST CITY LIMITS LINE, A DISTANCE OF 354.20 FEET TO THE NORTHWEST CORNER OF
SAID 8.834 ACRE TRACT, SAME BEING ON THE NORTH CITY LIMITS LINE AS DESCRIBED
IN SAID CITY ORDINANCE NUMBER 84-17;
THENCE SOUTH 88 DEGREES 12 MINUTES 56 SECONDS EAST, ALONG THE NORTH LINE
OF SAID 8.834 ACRE TRACT, A DISTANCE OF 437.59 FEET TO THE POINT OF BEGINNING
AND CONTAINING 9.19 ACRES OF LAND.
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LOCATION MAP