2004-203AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF APPROXIMATELY 8.3 ACRES FROM THE NEIGHEORFIOOD RESIDENTIAL 2
(NR-2) ZONING DISTRICT TO THE EMPLOYMENT CENTER COMMERCIAL (EC-C)
ZONING DISTRICT; THE PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF
UNIVERSITY DRIVE, APPROXIMATELY 900 FEET EAST OF THOMAS EGAN 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.
(Z04-0023)
WHEREAS, Greg Edwards Engineering Services, Inc. has applied for a change in zoning for
approximately 8.3 acres of land located on the south side of University Drive, approximately 900 feet
east of Thomas Egan Road and more particularly described in Exhibit "A" attached hereto and made
a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 2 (NR-2) zoning
district classification to Employment Center Commercial (EC-C) zoning district classification and
use designation; and
WHEREAS, on June 23, 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 zoning district classification and use designation of the Propertyis hereby
changed from Neighborhood Residential 2 (NR-2) zoning district to an Employment Center
Commercial (EC-C) zoning district classification and use designation.
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 thc application thereof to kay person or
circumstance is held invalid by any court, such invalidity shall not affect the validit); 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 thdff~7~day of ~J(~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 2
Exhibit A
8.296 ACRES
CITY LIMITS
Being all that certain tract or parcel of land situated In the E.A. Orr Survey Abstract Number 983
in the City of Denton, Denton County, Texas and being part of a called 4.200 acre tract of land
described in the Deed to Lisa K. Fergason, Trustee of the Christopher J. Wetzel Trust as
recorded in County Clark's File Number 93-R0094286 of the Real Property records, Denton,
County, Texas, and part of a called 4.349 acre tract of land described in the Deed to Howard D.
Harper and wife. Carolyn J. Harper as recorded in Volume 1661, Page 160 of said Real Property
Records, and part of a celled 10.000 acre tract of land described in the Deed to Howard D.
Harper and wife, Carolyn J. Harper as recorded tn Volume 1128, Page 446 of the Deed records,
Denton County, Texas and being more particularly described as follows:
BEGINNING at the Northeast comer of said Fergason tract in the South right-of-way line of U.S..
Highway 380;
THENCE South 01 Degrees 16 Minutes 13 Seconds West with the East line of said Fergason
tract a distance of 439.70 feet to a point for the Southeast comer of the herein described tract;
THENCE North 87 Degrees 55 Minutes 35 Saconds West sevedng said Fergasen and Harper
tracts a distance of 749.30 feet to a point for the Southwest comer of the herein described tract in
· the West line of sald 10.000 acre Harper tract;
THENCE North 10 Degrees 45 Minutes 13 Seconds West with the West line of said 10.000 acre
tract a distance of 478.33 feet to a 1/2" iron rod found for the Northwest comer of said 10.000
acre tract in the Soulh right-of-way line of said U,S. Highway 380;
THENCE South 86 Degrees 07 Minutes 24 Seconds East with the South ~ht-of-way line of said
Highway and the North line of said 10.000 acre tract passing at 504.29.feet a I/Z' iron red found
for the Northeast corner thereof and the Northwest coiner of said 4.349 acre tract, and passing at
677.02 feet a 1/2" Iron rod found for the Northeast comer thereof and the Northwest corner of
said 4.2000 acre tract continuing on said course a total distance of 849.75 feet to the POINT OF
BEGINNING and enclosing 8.296 acres of land more or less.