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2004-173AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF APPROXIMATELY 13.07 ACRES, CONSISTING 1.27 ACRES FROM AN EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT; APPROXIMATELY 0.82 ACRES FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO AN EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT; APPROXIMATELY 4.5 ACRES FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT; AND APPROXIMATELY 6.4 ACRES FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT. THE PROPERTY IS LOCATED APPROXIMATELY 450 FEET NORTH OF BENT CREEK DRIVE, APPROXIMATELY 100 FEET EAST OF FORTH WORTH DRIVE, ON THE WEST SIDE COUNTRY CLUB ROAD IN THE 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 EFFECTIVE DATE. (Z04-0016) WHEREAS, Isbell Engineering Group, Inc. has applied for a change in zoning for five tracts or parcels of land containing approximately 1.22 acres, 0.82 acre, 6.49 acres, 0.05 acre, and 4.504 acres as more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" from Employment Center Commercial (EC-C) and Neighborhood Residential 2 (NR-2) zoning district classification and use designation to Employment Center Commercial (EC-C), Neighborhood Residential 4 CNR-4), and Neighborhood Residential 6 (NR-6) zoning district classification and use designation; and WHEREAS, on May 26, 2004, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council f'mds 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 1.22 acre tract and the 0.05 acre tract is hereby changed from the Employment Center Commercial (EC-C) zoning district to a Neighborhood Residential 6 CNR-6) zoning district. The zoning district classification and use designation of the 0.82 acre tract is hereby changed from the Neighborhood Residential 2 (NR-2) zoning district to the Employment Center Commercial (EC-C) zoning district. The zoning district classification and use designation of the 4.504 acre tract is hereby changed from the Neighborhood Residential 2 (NR-2) zoning district to the Neighborhood Residential 4 (NR-4) zoning district. The zoning district classification and use designation of the 6.49 acre tract is hereby changed from the Neighborhood Residential 2 (NR-2) zoning district to the Neighborhood Residential 6 (2qR-6) zoning district zoning district. 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 net 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 orcVmance 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)~t'TZday of t,_,,fftYJT.~.~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FOJ~eM: HERBERTBy: ~~J///L' PRO~~RNEYo Exhibit A 1,22 ACRES (c) FIELD NOTES to all that certain tract of land sltuate(~ in the B.B.B. and C. Railroad Gompany Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 3.25 acre tract described in the deed to Central Builders Inc., recorded in Volume 4280 Page 1535 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows; BEGINNING for the Northeast comer of the tract being described herein at a fence corner post for the occupied Northeast coreer of said 3.25 acre tract; THENCE South 00 degrees 44 minutes 06 seconds West with the East line thereof along a fence a distance of 208.98 feet to a fence comer post for the occupied Southeast comer of said 3.25 acre tract; THENCE South 89 degrees 41 minutes 59 seconds West with the North line thereof along a fence a distance of 255.27 feet to the Southwest coreer of the herein described tract; THENCE North 00 degrees 07 reinutes 14 seconds West with a line sevedng said tract a distance of 207.01 feet to a comer in the North line of said tract; THENCE North 89 degrees 42 minutes 58 seconds East with said North line a distance of 258,36 feet to the PLACE OF BEGINNING and enclosing 1.22 acres of land more or less 0,82 ACRES (a) FIELD NOTES to all that certain tract of land situated In the B.B.B. & C. Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the celted 4,835 acre tract described in the deed from V.R. Clearman et.ux, to Walter E, Parker et. ux. recorded in Volume 1081 Page 408 of the Deed Records of Denton County, Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land Acquistion, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas subject tract being more particularly described as follows; BEGINNING at a wood fence comer post for the Northwest Corner of the herein described tract at the occupied most Westerly Nodhwest coreer of said Parker tract and the most Northerly Northeast corner of said 8,39 acre tract; THENCE North 89 degrees 41 minutes 59 seconds East with the North line of said Parker tract a distance of 368.15 feet to a coreer; THENCE South 00 degrees 07 minutes 14 seconds East into said Parker tract a distance of 80.47 feet to a coreer; THENCE North 89 degrees 58 minutes 00 seconds West a distance of 251.79 feet to a comer; THENCE South 44 degrees 38 minutes 32 seconds West a distance of 161.10 feet to a comer; THENCE North 00 degrees 59 minutes 06 seconds West a distance of 193.05 feet to the PLACE OF BEGINNING and enclosing 0.82 of an acm of land more or less. 6.49 ACRES (D) FIELD NOTES to all that certain tract of land situated in the B.B.B. & C. Railroad Company survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 4.835 acre tract described in the deed from V.R. Clearman et.ux, to Waller E. Parker et. ux. recorded in Volume 1081 Page 408 of the Deed Records of Denton County, Texas and being a pad of the called 8.39 acre tract described in the deed to CDE Land Acquistion, Ltd, recorded in Volume 5242 Page 8060 oflhe Real Properly Records of Denton County, Texas and also being a part of the called S.408 aore tract described in the deed from Ronald L. Baxter to CDE Laed and Acquisition, Ltd recorded under Clerk's File Number 03-R0204599 of the Real Property Records; the subject tract being more particularly described as follows; COMMENCING at the at the most Southerly Southwest comer of said 8.39 acre tract; THENCE North 44 degrees 51 minutes 36 seconds East with the Southerly line thereof a distance of 50.70 feet to a %" iron md found for the PLACE OF BEGINNING, being the most Southerly Southwest comer of the herein described tract; THENCE North 45 degrees 35 minutes 30 seconds West continuing along said Southerly line a distance of 186.47 feet to a comer; THENCE North 44 degrees 38 minutes 32 seconds East a distance of 211.28 feet to a comer; THENCE East a distance of 68.82 feet lo a corner;, THENCE North 00 degrees 59 minutes 06 seconds West a distance of 68.50 feet to a comer;, THENCE North 44 degrees 38 minutes 32 seconds East a distance of 161.10 feet to a comer; THENCE South 89 degrees 58 minutes 00 seconds East a distance of 251.79 feet to a corner;, THENCE North 00 degrees 07 minutes 14 seconds West a distance of 80.47 feet to a comer in the North line of said Parker tract; THENCE North 89 degrees 41 minutes 59 seconds East continuing with said North line a distance of 255.27 feet to a fence comer post for a reentrant comer of said Pad,er tract; THENCE South 00 degrees 15 minutes 13 seconds West sevedng said Parker tract a distance of 133.80 feet to a wood fence comer post for the Northeast corner of said 8.39 acre tract at the Northwest comer of said Stapler tract; THENCE South 01 degrees 50 minutes 11 seconds West with the West line of said Stapler tract along a fence a distance of 131.03 feet to a fence comer post for the Southwest corner of said Stapler tract in the North line of said 5.406 acres; THENCE South 00 degrees 07 minutes 07 East seve~eg said 5.406 acres a distance of 192.19 feet to a comer;, THENCE North 89 degrees 58 minutes 00 seconds West a distance of 609.61 feet to a comer, THENCE South 44 degrees 59 minutes 48 seconds West a distance of 125.84 feet to the PLACE OF BEGINNING and enclosing 6.49 acres of land more or less; 0.05 ACRES (A) FIELD NOTES to all that certain tract of land situated in the B.B.B. & C. Railroad Company Survey, Abstract Number 196 In the City and County of Denton Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land Acquistion, Ltd, recorded in Volume 5242 Page 8060 of the Real Property Records of Denton County, Texas the subject tract being more particularly described as follows; COMMENCING at the most Northerly Norlheast corner of said 8.39 acre tract; THENCE South 00 degrees 59 minutes 06 seconds East a distance of 193.05 feet to the PLACE OF BEGINNING; THENCE South 00 degrees 59 minutes 06 seconds East a distance of 68.50 feet to a comer;, THENCE West a distance of 68.82 feet to a corner; THENCE North 44 degrees 38 minutes 32 seconds East a distance of 96.26 feet to the PLACE OF BEGINNING and enclosing 0.05 of an acre of land more or less; 4.504 ACRES (E) FIELD NOTES to all that certain tract of land sltuatecl in the B.B.B. & C. Railroad Company Survey, Abstract Number 196 in the City and County of Denton Texas and being a part of the called 8.39 acre tract described in the deed to CDE Land Acquistion, Ltd, recorded in Volume 524Z Page 8060 of the Real Property Records of Denton County, Texas and also being a part of the called 5.406 acre tract described in the deed from Ronald L. Baxter to CDE Land and Acquisition, Ltd recorded under Clerk's File Number 03-R0204599 of the Real Property Records; and being a part of that certain tract described ia the deed to Jane Morgan Stapler recorded in Volume 1453 Page 351 Real Property Records; the subject tract being mom particularly described as follows; BEGINNING for the Southwest comer of the tract being described herein at a fence corner post at the most Southerly Southwest corner of said 8.39 acre tract; THENCE North 44 degrees 51 minutes 36 seconds East with the Southwesterly line of said 8.39 acres a distance of 50.70 feet to a %" iron rod found for an angle point in said line; THENCE North 44 degrees sa minutes 48 seconds East a distance of 125.84 feet to the Westerly Northwest comer of the herein described tract; THENCE South 89 degrees 58 minutes 00 seconds East with a line parallel with the South line of said 8.39 acres a distance of 609.61 feet to a comer; THENCE North 00 degrees 07 minutes 07 seconds West a distance of 192.19 feet to a fence comer pnst for the Southwest comer of said Stapler tract and most Easterly Southeast comer of said 8.39 acres; THENCE North 01 degrees 5n minutes 11 seconds East with the East line thereof and West line of said Stapler tract along a fence a distance of 131.03 feet to a fence comer post for the Northeast comer of said 8,39 acres and Northwest comer of said Stapler tract; THENCE North 89 degrees 39 minutes 18 seconds East with the North line of said Stapler tract a distance of 246.25 feet to a comer; THENCE South 00, degrees 07 minutes 07 Seconds East a distance of 449.41 feet to a comer in the South line of said 5,406 acres; THENCE South 89 degrees 58 minutes 53 seconds West wilh the South line thereof a distance of 408.14 feet to the Southeast comer of said 8.39 acres; THENCE North 89 degrees 58 minutes 00 seconds West with the South line thereof a distance of 577,19 feet to the PLACE OF BEGINNING and enclosing 4.504 acres of land more or less.