2004-142AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
11.7 ACRES OF LAND LOCATED ON THE SOUTH SDE OF EDWARDS ROAD,
APPROXIMATELY 900 FEET NORTH OF POCKRUS PAGE ROAD AND APPROXIMATELY
1,500 FEET WEST OF SWISHER ROAD IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(Z04-0014)
WHEREAS, Holigan Investment Group, Ltd. has applied for a change in zoning for
approximately 11.7 acres of land located on the south side of Edwards Road, approximately 900 feet
north of Pockrus Page Road and approximately 1,500 feet west of Swisher Road and more
particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the
"Property") from Neighborhood Residential 3 (NR-3) zoning district classification and use
designation to Neighborhood Residential 6 (NR-6) zoning district classification and use designation;
and
WHEREAS, on April 14, 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 Neighborhood Residential 3 (NR-3) zoning district classification and use designation
to Neighborhood Residential 6 (NR-6) 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.
Page ~_
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 fL/-/~ day of '.Lf~ ~..... ,2004. '
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
Exhibit A
Metes and Bounds Description
NR-3 Zoning
11.70 Acres
Gideon Walker Survey, Abstract No. 1330
City of Denton, Denton County, Texas
BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City'of
Denton, Denton County, Texas and being a portion of a called 9.993-acre tract conveyed
to said Julie K. Clark, as evidenced in a deed recorded in County Clerk's File No. 94-
R0057560, a portion of a called Tract B, conveyed to Murphy Family Parmership, Ltd.,
as evidenced in a deed recorded in County Clerk's File No. 96-R0016035, a portion of a
called 10.00-acre tract of land conveyed to Allen P. Lubbers as evidenced in a deed
recorded in County Clerk's File No. 96-R0069629 and a portion of a called 9.802-acre
tract of land conveyed to said Allen P. Lubbers as evidenced in a deed recorded in
County, Clerk's File No. 96-R0069627, 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:
BEGINNING at the northwest comer of said 10.00-acre tract and the northwest comer 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 86059'34'' Bast, along the north line of said 10.00-acre tract, thc city
limits line of the City of Denton and along Edwards Road, a distance of 196.45 feet to a
comer;
THENCE South 02°11'11'' West, departing the north line of said 10.00-acre tract and
said Edwards Road, a distance of 817.03 feet to the point of curvature of a curve to the
left;
TttENCE in a southerly direction, along the arc of said curve to the left, through a central
angle of 44°45'45'', having a radius of 225.00 feet and an arc length of 175.78 feet to the
point of tangency of said curve;
THENCE South 42°34'35'' East, a distance of 568.50 feet to a comer;
~CE South 47°25'25'' Wast, a distance of 500.00 feet to a comer;
THENCE North 42°34'35" West, a distance of 557.00 feet to a comer on the north city
limits line of said City of Donton as described in City Ordinance Number 84-17;
THENCE South 87055'33'' East, along the north city limits line as described in said City
Ordinance Number 84-17, a distance of 83.02 feet to the southwest comer of aforesaid
10.00-acre tract;
THENCE North 02° 16'53" East, along the west line of said 10.00-acm tract and the west
city limits line as described in said City Ordinance Number 99-262, a distance of 1338.37
feet to the POINT OF BEGINNING and containing 11.70 acres of land.
This Document was prepared under 22 TAC 663.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or re, configuration
of the boundary of the political subdivision for which it was prepared.