2004-331ORDINANCE NO. ¢:~ff/7(Z/-~,5~ /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
3.96 ACRES OF LAND LOCATED ON THE EAST SIDE OF LOCUST STREET,
APPROXIMATELY 400 FEET SOUTH OF WINDSOR STREET 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.
(Z04-0034)
WHEREAS, Biofix Holdings, Inc. has applied for a change in zoning for approximately 3.96
acres of land located on the east side of Locust Street, approximately 400 feet south of Windsor
Street and more particularly described in Exhibit "A" attached hereto and made a part hereof as
Exhibit "A" (the "Property") from Neighborhood Residential 2 CNR-2) zoning district classification
and use designation to Neighborhood Residential 4 (NR-4) zoning district classification and use
designation; and
WHEREAS, on September 22, 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 ofth/s ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designation of the Propertyis hereby
changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation
to Neighborhood Residential 4 (NR-4) 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.
SECTION 6. This ordinance shall become effective fourteen (14) days fi:om 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/6~day of ~~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
PAGE 2
EXHIBIT "A"
3.96 ACRES
3000 N, LOCUST ST.
Being all that certain tract or parcel d land situated in the B.B.B. & C.R.R. Co. Survey,
Abstract Number 186 of Denton County, Texas and being all of a tract of land described
in a ,deed from Eva M. Blagg to Peggy J. Grann, Richard E. Blagg and Danny M. Blagg
as recorded in Volume 5096, Page 573, of the Real Property Records of Denton County,
Texas, and being all of a tract of land described in a deed from E. G. Gaspemon and
wife, Inez Gaspereon to Eugene Blagg and wife Eva Blagg as recorded in Volume 330,
Page 156 of the Deed Records of Denton County, Texas, and being more particularly
described as follows;
BEGINNING at a PK nail found in the top of a wood R.O.W. monument at the Southwest
corner of Lot I Block I of Food Lion T-2 Addition an Addition to the City of Denton,
Denton County, Texas and being in the East R.O.W. line of North Locust Street;
THENCE South 89 Degrees 18 Minutes 35 Seconds East with the South line of said
Addition, a distance of 432.09 feet to a 5/8" iron rod found for the Southeast corner
thereof and the Northeast coroer of the herein described tract said iron being in the West
line of a tract of land described in a deed from J. Newton Rayzor to Denton Independent
School District as recorded in Volume 535, Page 212 of lhe Deed Records of Denton
County, Texas;
THENCE South 00 Degrees 50 Minutes 44 Seconds West, with the East line of said
School tract a distance of 360.38 feet to a 4" metal fence comer post for the occupied
and~recognized Southeast comer of the herein described tract;
THENCE North 89 Degrees 24 Minutes 08 Seconds West along or near a fence same
being the occupied and recognized South line of said Volume 5096, Page 573 and the
North line of a tract of land described in a deed from C.H. Enlow and wife, Velma Enlow
and J. Frank Solemon and wife, Lanie Solemon to Judd Daniel Cockrell and wife,
Mildred May Cockrell as recorded in Volume 343, Page 432 of the Deed Records of
Denton County, Texas, a distance of 479.34 feet to a point in the center of Locust Street,
the Southwest comer of the herein described tract;
THENCE North 01 Degrees 12 Minutes 06 Seconds East with said contadina a distance
of 361.17 feet to a point for comer, said point being the northwest comer of the herein
described tract
THENCE South 89 Degrees 18 Minutes 35 Seconds East, a distance of 45.00 feet to the
POINT OF BEGINNING and containing 3.96 acres of land more or less.