Loading...
2004-198AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE ZONING OF AN APPROXIMATE 82ACRE TRACT OR PARCEL OF LAND TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT, APPROXIMATELY 25 ACRES OF WHICH IS CURRENTLY ZONED NEIGHBORHOOD RESIDENTIAL 4 CNR-4) AND APPROXIMATELY 63 ACRES OF WHICH IS BEING CONCURRENTLY ANNEXED INTO THE CITY OF DENTON; SAID 88 ACRE TRACT IS GENERALLY LOCATED IN THE GIDEON SURVEY, ABSTRACT NO. 1330, WEST OF SWISHER ROAD, AND APPROXIMATELY 1,500 FEET NORTH OF EDWARDS 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. (Z04-0002) WHEREAS, One Longhorn Land I, L.P. has applied for zoning for approximately 82 acres of land located west of Swisher Road, and approximately 1,500 feet north of Edwards Road and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") to Neighborhood Residential Mixed Use 12 CNRMU-12) zoning district classification and use designation, approximately 19 acres of which is currently zoned Neighborhood Residential 4 (NR-4) zoning district classification and use designation and approximately 63 acres of which is being currently annexed into the City of Denton; and WHEREAS, on June 23, 2004, the Planning and Zoning Commission recommended approved the requested zoning application; and WHEREAS, the City Council finds that the zoning of the Property is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Property is hereby zoned as Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. 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 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the6,~/'~$tay of ~fit~ffZ/~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 2 Exhibit A All of certain tract of land lying and being situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being a portion of that certain called 88 acre tract of land conveyed to Bonnie E. Coonrod and wife Mary Lou Coonrod, recorded in Volume 432, Page 194, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point found for the northwest comer of a 4.19 acre tract of land conveyed to Bobby Coonrod, recorded in Volume 961, Page 348, Deed Records of Denton County, Texas, said point being in the north line of said 88 acre tract and being North 86 degrees 46 minutes 50 seconds West, 304.31 feet from the northeast comer of said 88 acre tract, said point being in the south line of the tract of land conveyed to the City of Denton, recorded in Volume 1177, Page 166, Deed Records of Denton County, Texas, and also being in the south line of the existing Denton city limits line established by Ordinance Number 83-18; THENCE South 02 degrees 30 minutes 20 seconds West, along the west line of said 4.19 acre tract, and through the interior of said 88 acre tract, a distance of 598.74 feet to a point for a comer, said point being the southwest comer of said 4.19 acre tract; THENCE South 86 degrees 34 minutes 09 seconds East, along the south line of said 88 acre tract, and said 4.19 acre tract, and through the interior of said 88 acre tract, a distance of 304.44 feet to a point for a comer, said point being the southeast comer of said 4.19 acre tract, same being in the east line of said 88 acre tract, same being in the fight-of-way of Swisher Road; THENCE South 02 degrees 13 minutes 37 seconds West, along the east line of said 88 acre tract, a distance of 296.49 feet to a point for a comer, said point being the northeast comer ora 1.06358 acre tract of land conveyed to Rhonda Burkhardt, recorded in Volume 5214, Page 2952, Deed Records of Denton County, Texas; THENCE North 87 degrees 35 minutes 54 seconds West, along the north line of said 1.06358 acre tract, and through the interior of said 88 acre tract, a distance of 303.25 feet to a point for a comer, said point being the northwest comer of said 1.06358 acre tract; THENCE South 02 degrees 28 minutes 11 seconds West, through the interior of said 88 acre tract, a distance of 303.97 feet to a point for a comer; THENCE South 87 degrees 35 minutes 54 seconds East, through the interior of said 88 acre tract, a distance of 303.25 feet to a point for a comer, said point being in the east line of said 88 acre tract, same being in the right-of-way of said Swisher Road; THENCE South 02 degrees 28 minutes 11 seconds West, along the east line of said 88 acre tract, a distance of 399.60 feet to a point for a comer, same being the north line of a tract of land conveyed to John M. Devries, recorded in Volume 4792, Page 458, Deed Records of Denton County, Texas, said point being in the north line of the existing Denton City limits line established by Ordinance Number 84-17 tract III; THENCE North 86 degrees 55 minutes 35 seconds West, along the south line of said 88 acre tract, and along the north line of said Ordinance Number 84-17 Tract III, a distance of 1743.84 feet to a point for a comer; THENCE North 87 degrees 23 minutes 12 seconds West, continuing along the south line of said 88 acre tract, and along the north line of said Ordinance Number 84-17 Tract III, a distance of 660.37 feet to a point for a comer, said point being the southwest comer of said 88 acre tract; THENCE North 02 degrees 26 minutes 20 seconds East, along the common line of said 88 acre tract, and a tract of land conveyed to the City of Denton, recorded in Volume 114, Page 84, Deed Records of Denton County, Texas, a distance of 1611.35 feet to a point for a comer, said point being the northwest comer of said 88 acre tract, same being in the south line of said Ordinance Number 83-18; THENCE South 86 degrees 46 minutes 50 seconds East, along the common line of said 88 acre tract, and a tract of land conveyed to the City of Denton, recorded in Volume 1177, Page 166, Deed Records of Denton County, Texas, and the south line of said Ordinance Number 83-18, a distance of 2099.88 feet to the POINT OF BEGINNING and containing 3,580,734 square feet or 82.20 acres of land. C:~mydocuments\P-3365A.doc