2003-063ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING APPROXIMATELY
35.30 ACRES OF LAND FROM PLANNED DEVELOPMENT 191 (PD-191) ZONING
DISTRICT TO NEIGHBORHOOD RESIDENTIAL 2 (NR-2), NEIGHBORHOOD
RESIDENTIAL 3 (NR-3), NEIGHBORHOOD RESIDENTIAL 4 (NR-4) AND
NEIGHBORHOOD RESIDENDITAL 6 (NR-6); SAID REAL PROPERTY BEING LOCATED
IN THE CITY OF DENTON IN THE W. LLOYD SURVEY AND THE M.E.P. & P. R.R.
SURVEY AND BEING BETWEEN MAYHILL ROAD AND LOOP 288 SOUTH OF BLAGG
ROAD, PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2000.00 PER
DAY FOR A VIOLATION OF THIS ORDINANCE; A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z02-0062).
WHEREAS, the owner has initiated a change in zoning for approximately 35.30 acres of
land from a Planned Development 191 (PD 191) zoning district classification and use
designation to Neighborhood Residential - 2 (NR-2), Neighborhood Residential - 3 (NR-3),
Neighborhood Residential - 4 (NR-4), and Neighborhood Residential - 6 (NR-6) zoning district;
and
WHEREAS, said 35.30 acres of land is described in four tracts or parcels of land being
an approximate 2.28 acre parcel or tract of land more particularly described in Exhibit "A"
attached hereto and made a part hereof by reference (the "2.28 Acre Tract"), an approximate 2.88
acre parcel or tract of land more particularly described in Exhibit "B" attached hereto and made a
part hereof by reference (the "2.88 Acre Tract"), an approximate 15.89 acre parcel or tract of
land more particularly described in Exhibit "C" attached hereto and made a part hereof by
reference (the "15.89 Acre Tract"), and an approximate 14.26 acre parcel or tract of land more
particularly described in Exhibit "D" attached hereto and made a part hereof by reference (the
"14.26 Acre Tract"); and
WHEREAS, on January 22, 2003 the Planning and Zoning Commission recommended
approval of the requested zoning; and
WHEREAS, the City Council finds that the zoning is consistent with the Comprehensive
Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The 2.28-Acre Tract is hereby changed from Planned Development 191
(PD 191) zoning district classification and use designation to Neighborhood Residential - 2 (NR-
2) zoning district under the comprehensive zoning ordinance of the City of Denton, Texas. The
2.88-Acre Tract is hereby changed from Planned Development 191 (PD 191) zoning district
classification and use designation to Neighborhood Residential - 3 (NR-3) zoning district under
the comprehensive zoning ordinance of the City of Denton, Texas. The 15.89-Acre Tract is
hereby changed from Planned Development 191 (PD 191) zoning district classification and use
designation to Neighborhood Residential - 4 (NR-4) zoning district under the comprehensive
zoning ordinance of the City of Denton, Texas. The 14.26-Acre Tract is hereby changed from
Planned Development 191 (PD 191) zoning district classification and use designation to
Neighborhood Residential - 6 (NR-6) zoning district under the comprehensive zoning ordinance
of the City of Denton, Texas.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classifications.
SECTION 3. 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 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
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 the 10h day of 2003
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: (/4GUl~ C.LUCQt!~I. QII
APPROVED AS TO LEGAL FORM:
HERBERT L. P TY, ITY ATTORNEY
BY:
Page 2 of 6
Exhibit "A"
NR-2
ZONING CHANGE
FIELD NOTES to all that certain tract of land situated in the W. Lloyd Survey Abstract Number 774
and in the M. E. P. & P. R.R. Co. Survey Abstract Number 1469, City of Denton, Denton County,
Texas and being a part of the called 36.666 acre tract described in the deed from H. Edward Downs et
ux to Henry Rife recorded under Clerk's File Number 00-R0096311 in the Real Property Records of
Denton County, Texas and a part of the called 64.073 acre tract described in the deed from Leslie T.
Holland to Junction 288 Partners recorded in Volume 347, Page 152 in the said Deed Records of
Denton County, Texas; the subject tract being more particularly described as follows, using bearings
based on the East line of the 36.666 acre tract;
BEGINNING for the Southeast corner of the herein described tract on the centerline of a proposed
road, South 02 Degrees 30 Minutes West a distance of 32.5 feet and North 89 Degrees 30 Minutes
West a distance of 380 feet from the Northeast corner of the said 36.666 acre tract;
THENCE North 89 Degrees 30 Minutes West across the 36.666 acre tract with the centerline of a
proposed road a distance of 104.9 feet;
THENCE North 00 Degrees 28 Minutes East a across the 36.666 acre tract, passing at a distance of
32.5 feet the North line thereof and continuing across the said 64.073 acre tract, in all, a total distance
of 319.6 feet;
THENCE North 88 Degrees 49 Minutes West across the 64.073 acre tract a distance of 207.6 feet;
THENCE North 34 Degrees 15 Minutes West across the 64.073 acre tract a distance of 172.5 feet;
THENCE North 85 Degrees 24 Minutes East across the 64.073 acre tract a distance of 437.8 feet to the
northwest corner of the City of Denton tract recorded in Volume 545, Page 102 of the said Deed
Records;
THENCE South 03 Degrees 21 Minutes West with the East line of the 64.073 acre tract, passing at a
distance of 470.8 feet the Southeast comer thereof and continuing across the 36.666 acre tract in all, a
total distance of 503.4 feet to the PLACE OF BEGINNING and enclosing 2.28 acres of land.
Page 3 of 6
EXHIBIT "B"
NR-3
ZONING CHANGE
FIELD NOTES to all that certain tract of land situated in the W. Lloyd Survey Abstract Number 774
and in the M. E. P. & P. R.R. CO. Survey Abstract Number 1469, City of Denton, Denton County,
Texas and being a part of the called 36.666 acre tract described in the deed from H. Edward Downs et
ux to Henry Rife recorded under Clerk's File Number 00-R0096311 in the Real Property Records of
Denton County, Texas; the subject tract being more particularly described as follows, using bearings
based on the East line of the 36.666 acre tract:
BEGINNING for the Southeast corner of the herein described tract on the South line of the 36.666 acre
tract, North 89 Degrees 39 Minutes West a distance of 548.9 feet from the Southeast corner thereof in
Mayhill Road;
THENCE North 89 Degrees 39 Minutes West with the South line of the said 36.666 acre tract, a
distance of 130.9 feet, to a 1/2 inch iron rod found on the East line of the 5.00 acre tract, described in
the deed from John L. Stallings et ux to Charley Lesley Smelter recorded in Volume 1177, Page 436 of
the Deed Records of Denton County, Texas;
THENCE North 01 Degrees 01 Minutes East with the East line of the said 5.00 acre tract, a distance of
77.1 feet, to a 1/2 inch iron rod found at the Northeast corner thereof;
THENCE North 89 Degrees 38 Minutes West with the South line of the 36.666 acre tract, a distance of
762.8 feet, to a 1/2 inch iron rod found with a yellow plastic cap stamped "SENTCORP RPLS 4001"
for the Southwest comer of the herein described tract;
THENCE North 03 Degrees 56 Minutes East across the 36.666 acre tract a distance of 130.3 feet;
THENCE South 89 Degrees 38 Minutes East across the 36.666 acre tract parallel to the South line
thereof a distance of 884.7 feet;
THENCE South 00 Degrees 22 Minutes West across the 36.666 acre tract a distance of 207.1 feet to
the PLACE OF BEGINNING and enclosing 2.88 acres of land.
Page 4 of 6
EXHIBIT "C"
NR-4
ZONING CHANGE
FIELD NOTES to all that certain tract of land situated in the W. Lloyd Survey Abstract Number 774
and in the M. E. P. & P. R.R. CO. Survey Abstract Number 1469, City of Denton, Denton County,
Texas and being a part of the called 36.666 acre tract described in the deed from H. Edward Downs et
ux to Henry Rife recorded under Clerk's File Number 00-R0096311 in the Real Property Records of
Denton County, Texas; the subject tract being more particularly described as follows, using bearings
based on the East line of the 36.666 acre tract:
BEGINNING for the Southeast comer of the herein described tract, at the Southeast corner of the
36.666 acre tract in Mayhill Road, South 89 Degrees 38 Minutes 41 Seconds East a distance of 17.0
feet from a''/x inch iron rod set with a yellow plastic cap stamped "SENTCORP RPLS 4001" on the
proposed West line of Mayhill Road;
THENCE North 89 Degrees 39 Minutes West with the South line of the said 36.666 acre tract a
distance of 548.9 feet;
THENCE North 00 Degrees 22 Minutes East across the 36.666 acre tract a distance of 207.1 feet;
THENCE North 89 Degrees 38 Minutes West across the 36.666 acre tract parallel to the South line
thereof a distance of 884.7 feet;
THENCE North 03 Degrees 56 Minutes East across the 36.666 acre tract a distance of 405.8 feet;
THENCE South 89 Degrees 25 Minutes East across the 36.666 acre tract a distance of 1431.0 feet to
the East line of the 36.666 acre tract in Mayhill Road;
THENCE South 02 Degrees 30 Minutes West along Mayhill Road with the East line of the 36.666 acre
tract, a distance of 606.7 feet to the PLACE OF BEGINNING and enclosing 15.89 acres of land.
Page 5 of 6
EXHIBIT "D"
NR-6
ZONING CHANGE
FIELD NOTES to all that certain tract of land situated in the W. Lloyd Survey Abstract Number 774
and in the M. E. P. & P. R.R. CO. Survey Abstract Number 1469, City of Denton, Denton County,
Texas and being a part of the called 36.666 acre tract described in the deed from H. Edward Downs et
ux to Henry Rife recorded under Clerk's File Number 00-R0096311 in the Real Property Records of
Denton County, Texas and a part of the called 13.815 acre Tract 1 described in the deed from Frances
Kathryn Cluck to Henry Rife recorded under Clerk's File Number 00-R0075751 in the said Real
Property Records; the subject tract being more particularly described as follows, using bearings based
on the East line of the 36.666 acre tract;
BEGINNING for the Southeast corner of the herein described tract on the East line of the 36.666 acre
tract in Mayhill Road, North 02 Degrees 30 Minutes East a distance of 606.7 feet from the Southeast
corner thereof,
THENCE North 89 Degrees 25 Minutes West across the 36.666 acre tract, passing a West line thereof
and the East line of the 13.815 acre tract and continuing, in all, a distance of 1431.0 feet;
THENCE North 03 Degrees 56 Minutes East across the 36.666 acre tract, passing the North line
thereof and continuing across the 13.815 acre tract, passing at a distance of 143.6 feet, a 1/2 inch iron
rod with a yellow plastic cap stamped "SENTCORP RPLS 4001" found and continuing, in all, a total
distance of 205.2 feet to the centerline of a proposed street;
THENCE with the centerline of a proposed street the following 3 calls:
1. North 40 Degrees 13 Minutes 51 Seconds East a distance of 115.43 feet, to the beginning of a curve
to the right having a radius of 450.00 feet from which a 1/2 inch iron rod set with a yellow plastic cap
stamped "SENTCORP RPLS 4001" bears South 49 Degrees 46 Minutes East a distance of 36.5 feet;
2. With the said curve an arc length of 394.82 feet, (chord bearing North 65 Degrees 21 Minutes 56
Seconds East a distance of 382.27 feet) to the end of curve, from which a 1/2 inch iron rod set with a
yellow plastic cap stamped "SENTCORP RPLS 4001" bears South 00 Degrees 30 Minutes 01 Seconds
West a distance of 32.5 feet;
3. South 89 Degrees 30 Minutes East, 32.5 feet South of and parallel to the North line of the 13.815
acre tract and the 36.666 acre tract, a distance of 1014.87 to the East line thereof in Mayhill Road,
South 02 Degrees 30 Minutes 00 Seconds West a distance of 32.5 feet from the Northeast comer of the
36.666 acre tract from which a 1/2 inch iron rod set with a yellow plastic cap stamped "SENTCORP
RPLS 4001" bears South 29 Degrees 40 Minutes 31 Seconds West a distance of 37.22 feet;
THENCE South 02 Degrees 30 Minutes West along Mayhill Road with the East line of the 36.666 acre
tract a distance of 458.5 feet to the PLACE OF BEGINNING and enclosing 14.26 acres of land.
Page 6 of 6