Loading...
2003-375ORDINANCE NO. O~OD3 7- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FOR APPROXIMATELY 106.06 ACRES OF LAND LOCATED AT THE NORTH OF POCKRUS PAIGE ROAD, WEST OF SWISHER ROAD AND SOUTH OF EDWARDS ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS IN THE GIDEON SURVEY ABSTRACT NO. 1330, FROM NEIGHBORHOOD RESIDENTIAL - 2 (NR-2) AND NEIGHBORHOOD RESIDENTIAL - 4 (NR-4) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL - 3 (NR-3), NEIGHBORHOOD RESIDENTIAL - 6 (NR-6), NEIGHBORHOOD RESIDENTIAL MIXED USE -12 (NRMU-12), AND NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0024) WHEREAS, Holigan Investment Group has applied for a change in zoning for approximately 106.6 acres of land located north of Pockrus Paige Road, west of Swisher Road, and south of Edwards Road from Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 (NR-4) zoning district classifications and use designations to Neighborhood Residential 3 (NR-3) for that certain approximate 11.70 acre tract of land more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "11.7 Acre Tract Zoning Change"), to Neighborhood Residential 6 (NR-6) for those two tracts of land totally approximately 52.38 acres of land more particularly described in Exhibit "B" attached hereto and made a part hereofby reference (the "52.38 Acre Tracts Zoning Change"), to Neighborhood Residential Mixed Use 12 (NRMU-12) for that certain approximate 30.96 acre tract of land more particularly described in Exhibit "C" attached hereto and made a part hereof by reference (the "30.96 Acre Tract Zoning Change"), and to Neighborhood Residential Mixed Use (NRMU) for that certain approximate 11.02 acre tract of land more particularly described in Exhibit "D" attached hereto and made a part hereof reference (the "11.02 Acre Tract Zoning Change"); and WHEREAS, on October 22, 2003, 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 11.7 Acre Tract Zoning Change, the 52.38 Acre Tracts Zoning Change, the 30.96 Acre Tract Zoning Change, and the 11.02 Acre Tract Zoning Change are hereby approved. Page 1 SAOur Documents\Ordinances\03\Z03-0024.DOC 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 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 ~ day of ~(r l~ , 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY Page 2 S90ur Dwuments\Ordinances\03\Z03-0024.DOC 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 Partnership, 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 corner 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 86°59'34" East, along the north line of said 10.00-acre tract, the city limits line of the City of Denton and along Edwards Road, a distance of 196.45 feet to a corner; 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; THENCE 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 are 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; THENCE South 47°25'25" West, a distance of 500.00 feet to a corner; THENCE North 42°34'35" West, a distance of 557.00 feet to a corner on the north city limits line of said City of Denton as described in City Ordinance Number 84-17; THENCE South 87°55'33" 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 corner of aforesaid 10.00-acre tract; J r . THENCE North 02°16'53" East, along the west line of said 10.00-acre 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 reconfiguration of the boundary of the political subdivision for which it was prepared. EXHIBIT B Metes and Bounds Description NR-6 Zoning 52.38 Acres Gideon Walker Survey, Abstract No. 1330 City of Denton, Denton County, Texas BEING two tracts of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County, Texas and being all of a called 0.942-acre tract of land conveyed to Julie K. Clark as evidenced in a deed recorded in Volume 4248, Page 1472, the remaining portion of a called 22.967-acre tract conveyed to said Julie K. Clark as evidenced in a deed recorded in County, Clerk's File No. 95-R0000602, a portion of a called 20.057-acre tract conveyed to Pockrus Page Rd., Ltd., as evidenced in a deed recorded in Volume 5193, Page 1742, a portion of a called 16.0-acre tract of land conveyed to Richard A. Baria, as evidenced in a deed recorded in Volume 1329, Page 202, a portion of a tract of land conveyed to said Richard Arlen Baria, et ux, as evidenced in a deed recorded in Volume 471, Page 235, all of a called 4.75-acre tract of land conveyed to said Pockrus Page Rd., Ltd., as evidenced in a deed recorded in Volume 5328, Page 5062, a portion of the remaining portion of a tract of land conveyed to Ed Cowart, as evidenced in a deed recorded in Volume 414, Page 447, a portion of a called 4.00-acre tract of land conveyed to Chard Tanner Cowart, et ux, as evidenced in a deed recorded in Volume 4784, Page 1256, 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- 80057560, a portion of a called Tract A and Tract B, conveyed to Murphy Family Partnership, 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. 96-110069629, a portion of a called 51.010-acre tract of land conveyed to Helen Elizabeth Waldrip, as evidenced in a deed recorded in Volume 816, Page 258 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: TRACT 1 BEGINNING at the northwest corner of said 22.967-acre tract, same being the southwest corner of a called 27.4367-acre tract of land conveyed to the Andrew Corporation, as evidenced in a deed recorded in Volume 912, Page 790 R.P.R.D.C.T.; THENCE South 87°43'04" East, along the north line of said 22.967-acre tract, a distance of 238.46 feet to the northwest corner of said 20.057-acre tract; THENCE South 87°55'46" East, along the north line of said 20.057-acre tract, a distance of 383.49 feet to the southwest corner of said 16.0-acre tract; THENCE North 02°27'25" East, along the west line of said 16.0-acre tract, a distance of 584.08 feet to a corner on the north city limits line of the City of Denton as described in City Ordinance Number 84-17; THENCE South 87°56'20" East, departing the west line of said 16.0-acre tract and along the city limits line of the City of Denton, a distance of 818.00 feet to a corner; THENCE South 87°46'51" East, continuing along the city limits line of the City of Denton a distance of 292.99 feet to a corner; THENCE South 42°34'35" East, departing said city limits line, a distance of 556.29 feet to a corner; THENCE South 47°25'25" West, a distance of 135.00 feet to a corner; THENCE North 42°34'35" West, a distance of 405.00 feet to a corner; THENCE South 47°25'25" West, a distance of 36.32 feet to the point of curvature of a curve to the left; THENCE in a southerly direction, along the arc of said curve to the left, through a central angle of 44°59'44", having a radius of 500.00 feet and an arc length of 392.66 feet to the point of tangency of said curve; THENCE South 02°25'41" West, a distance of 219.11 feet to a corner; THENCE North 87°34'35" West, a distance of 110.00 feet to a corner; THENCE South 02°25'40" West, a distance of 520.28 feet to a corner on the south line of aforesaid 51.010-acre tract, same being in Pockrus Page Road; THENCE North 87°34-35" West, along the south line of said 51.010-acre tract, the south line of aforesaid 20.057-acre tract and along Pockrus Page Road, a distance of 1472.45 feet to a corner; THENCE North 02°57'57" East, departing said Pockrus Page Road and along the west line of aforesaid 0.942-acre tract, a distance of 254.82 feet to the southwest corner of the aforesaid 22.967-acre tract; THENCE North 03°19'34" East, along the west line of said 22.967-acre tract, a distance of 473.03 feet to the POINT OF BEGINNING and containing 40.67 acres of land. TRACT 2 BEGINNING at the northeast corner of aforesaid 9.802-acre tract, same being the northwest corner of a called Tract 3 conveyed to the Mary L. Mason Children's Trust, as evidenced in a deed recorded on Volume 4074, Page 1828 R.P.R.D.C.T., same being situated in Edwards Road; THENCE South 02°23'55" West, departing said Edwards Road and along the east line of said 9.802-acre tract, a distance of 1333.32 feet to the southeast corner of said 9.802-acre tract, same being on the north line of aforesaid Tract B; THENCE South 87°28'35" East, along the north line of said Tract B and the north line of aforesaid Tract A, a distance of 57.37 feet to a comer; THENCE South 47°25'25" West, departing the north line of said Tract A, a distance of 55.37 feet to a corner; THENCE North 42°34'35" West, a distance of 568.50 feet to the point of curvature of a curve to the right; THENCE in a northerly direction, along the are of said curve to the right, 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 North 0201 I'11" East, a distance of 817.03 feet to a comer of 817.03 feet to a corner on the north line of aforesaid 10.00-acre tract, same being in said Edwards Road; THENCE South 86°59'34" East, along the north line of said 10.00-acre and said 9.802- acre tract and along said Edwards Road, a distance of 425.50 feet to the POINT OF BEGINNING and containing 11.71 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 reconfiguration of the boundary of the political subdivision for which it was prepared. EXHIBIT C Metes and Bounds Description NRMU-12 Zoning 30.96 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 A and Tract B, conveyed to Murphy Family Partnership, Ltd., as evidenced in a deed recorded in County Clerk's File No. 96- R0016035, a portion of a called 51.010-acre tract of land conveyed to Helen Elizabeth Waldrip, as evidenced in a deed recorded in Volume 816, Page 258 and a portion, 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 northeast corner of said Tract A, same being the northeast corner of the current city limit line of the City of Denton as described in Ordinance Number 84-17.; THENCE in a southerly direction, along the current city limits line of said City of Denton, the following: South 10°22'22" East, a distance of 354.20 feet to a corner; South 04°25' S6" East, a distance of 69.22 feet to a corner; TEHNCE North 87°57'29" West, departing said city limits line, a distance of 89.56 feet to the point of curvature of a curve to the left; THENCE in a westerly direction, along the arc of said curve o the left, through a central angle of 44°37'05", having a radius of 130.00 feet and an arc length of 101.24 feet to the end of said curve; THENCE North 42°34'35" West, a distance of 115.00 feet to a corner; THENCE South 47°25'25" West, a distance of 519.64 feet to a corner; THENCE South 42°34'35" East, a distance of 185.72 feet to the point of curvature of a curve to the right; THENCE in a southerly direction, along the arc of said curve to the right, through a central angle of 44°34'20", having a radius of 75.00 feet and an arc length of 58.34 feet to the point of tangency of said curve; THENCE South 01°59'45" West, a distance of 398.37 feet to a corner on the south line of aforesaid Tract A, same being in Pockrus Page Road; THENCE North 87°35'55" West, along the south line of said Tract A, aforesaid Tract B, aforesaid 9.993-acre tract, aforesaid 51.010-acre tract and along Pockrus Page Road, a distance of 1167.33 feet to a corner; THENCE North 02°25'40" East, departing the south line of said 51.010-acre tract and departing said Pockrus Page Road, a distance of 520.28 feet to a corner; MINCE South 87°34'35" East, a distance of 110.00 feet to a corner; THENCE North 02°25'40" East, a distance of 219.11 feet to the point of curvature of a curve to the right; THENCE in a northerly direction, along the arc of said curve to the right, through a central angle of 44°59'44", having a radius of 500.00 feet and an arc length of 392.66 feet to the point of tangency of said curve; THENCE North 47°25'25" East, a distance of 36.32 feet to a corner; THENCE South 42°34'35" East, a distance of 405.00 feet to a corner; THENCE North 47°25'25" East, a distance of 690.37 feet to a corner on the north line of aforesaid Tract A, same being the north city limits line as described in said City Ordinance Number 84-17; THENCE South 87°28'35" East, along the north line of said Tract A and the north city limits line, a distance of 483.42 feet to a corner; THENCE South 88°12'56" East, continuing along the north line of said Tract A and the north city limit line, a distance of 13.60 feet to the POINT OF BEGINNING and containing 30.96 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 reconfiguration of the boundary of the political subdivision for which it was prepared. EXHIBIT D Metes and Bounds Description Mixed Use Zoning 11.02 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 Tract A and Tract B, conveyed to Murphy Family Partnership, Ltd., as evidenced in a deed recorded in County Clerk's File No. 96-R0016035 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 southeast corner of said Tract A, same also being the southeast corner of the current city limit line of the City of Denton as described in Ordinance Number 84-17, said corner also being in Pockrus Page Road; THENCE North 87°35'55" West, along the south line of said Tract A and continuing along said Pockrus Page Road, a distance of 551.34 feet to a corner; THENCE North 01°59'45" West, departing the south line of said Tract A and said Pockrus Page Road, a distance of 396.37 feet to the point of curvature of a curve to the left; THENCE in a northerly direction, along the arc of said curve to the left, through a central angle of 44°34'20", having a radius of 75.00 feet and an arc length of 58.34 feet to the point of tangency of said curve; THENCE North 42°34'35" West, a distance of 185.72 feet to a corner; THENCE North 47°25'25" East, a distance of 519.64 feet to a corner; THENCE South 42°34'35" East, a distance of 115.00 feet to the point of curvature of a non-tangent curve to the right; THENCE in an easterly direction, along the are of said curve to the right, through a central angle of 44°37'05", having a radius of 130.00 feet, a chord bearing of North 69°43'58" East, a chord distance of 98.70 feet and an are length of 101.24 feet to the point of tangency of said curve; THENCE South 87°57'29" East, a distance of 89.56 feet to a corner on the aforesaid east city limits line of the City of Denton; THENCE in a southerly direction along the city limit line of the City of Denton, the following: South 04°26'01" East, a distance of 428.12 feet to a corner; South 00°00' 13" West, a distance of 315.27 feet to a corner; South 02°21'34" East, a distance of 165.27 feet to the POINT OF BEGINNING and containing 11.02 acres of land. This Document was prepared under 22 TAC 663.2 1, 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 reconfiguration of the boundary of the political subdivision for which it was prepared.