2003-100ORDINANCE NO. ,-?00 1(0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF APPROXIMATELY 9.4 ACRES. THE REZONING CONSISTS OF
APPROXIMATELY 4.7 ACRES FROM NEIGHBORHOOD RESIDENTIAL MIXED USE
(NRMU) TO NEIGHBORHOOD RESIDENTIAL 6 (NR-6) AND APPROXIMATELY 4.760
ACRES FROM NEIGHBORHOOD RESIDENTIAL 6 (NR-6) TO NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU3) OF LAND, COMMONLY KNOWN AS SHERMAN
CROSSING AND BEING GENERALLY LOCATED APPROXIMATELY 750 FEET SOUTH
WEST OF THE INTERSECTION OF LOOP 288 AND SHERMAN DRIVE AND
APPROXIMATELY 400 FEET NORTH OF HERCULES 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. (Z03-0006)
WHEREAS, Sherman County Inc. has applied for a change in zoning for approximately 9.4
acres of land commonly known as a portion of Sherman Crossing with approximately 4.760 acres of
land more particularly described in Exhibit "A" attached hereto and made a part hereof by reference
(the "4.760 Acre Tract") being changed from Neighborhood Residential 6 (NR-6) to Neighborhood
Residential Mixed Use (NRMU) and approximately 4.7 acres of land more particularly described in
Exhibit "B" attached hereto and made a part hereof by reference (the "4.7 Acre Tract") being
changed from Neighborhood Residential Mixed Use (NRMU) to Neighborhood Residential 6 (NR-
6); and
WHEREAS, on March 12, 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 zoning district classification and use designation for the 4.760 Acre Tract
is hereby changed from Neighborhood Residential 6 (NR-6) to Neighborhood Residential Mixed Use
(NRMU). The zoning district classification and use designation for the 4.7 Acre Tract is hereby
changed from Neighborhood Residential Mixed Use (NRMU) to Neighborhood Residential 6 (NR-
6). Notwithstanding the descriptions contained in Exhibits A and B, the zonings approved by this
ordinance extend to the center lines of any adjacent streets.
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 the day of 2003.
&"6. &
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY
Page 2
Exhibit A 03-19-03P03:38 RCVD
Metes and Bounds Description
4.760 Acres
From Neighborhood Residential - 6
To Neighborhood Residential Mixed Use
S. McCracken Survey, Abstract No. 817
City of Denton, Denton County, Texas
BEING a tract of land situated in the S. McCracken Survey, Abstract No. 817, in the City
of Denton, Denton County, Texas, and being a portion of a called 0.99-acre tract of land
conveyed to Craig P. Moore, Trustee, as evidenced in a Warranty Deed recorded in
County Clerk's File No. 02-RO1230 and a portion of a called 60.37-acre tract of land
conveyed to Craig P. Moore, Trustee, as evidenced in a Warranty Deed recorded in
County, Clerk's File No. 02-R0123063, both in the Real Property Records of Denton
County, Texas (R.P.R.D.C.T.), said tract being more particularly described by metes and
bounds as follows:
COMMENCING at the intersection of the southerly right-of-way line of State Highway
Loop 288 (a variable width right-of-way) with the northwesterly right-of-way line of
Sherman Drive (135' right-of-way);
THENCE South 31°34'17" West, along the northwesterly right-of-way line of said
Sherman drive, a distance of 129.57 feet to a comer;
THENCE South 29°39'51" West, continuing along the northwesterly right-of-way line of
Sherman Drive, a distance of 639.31 feet to the POINT OF BEGINNING;
THENCE South 29°39'52" West, continuing along the northwesterly right-of-way line of
Sherman Drive and along the southeasterly line of a called 4.760 acre tract of land, a
distance of 478.18 feet to a corner;
THENCE North 60°20'41" West, departing said northwesterly right-of-way line of
Sherman Drive, a distance of 529.95 feet to a comer,
THENCE North 07°10'39" East, a distance of 192.19 feet to a comer;
THENCE North 11°09'47" East, a distance of 71.94 feet to a corner;
THENCE North 07°10'39" East, a distance of 43.57 feet to a corner;
THENCE South 61003`24" East, a distance of 245.06 feet to a point for comer;
THENCE South 85°45'22" East, a distance of 440.57 feet to the POINT OF
BEGINNING and containing 4.760 acres, more or less.
THIS DOCUMENT WAS PREPARED UNDER 22TAC663.21, 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
4.700 Acres
From Neighborhood Residential Mixed Use
To Neighborhood Residential - 6
S. McCracken Survey, Abstract No. 817
City of Denton, Denton County, Texas
BEING a tract of land situated in the S. McCracken Survey, Abstract No. 817, in the City
of Denton, Denton County, Texas, and being a portion of a called 60.37-acre tract of land
conveyed to Craig P. Moore, Trustee, as evidenced in a Warranty Deed recorded in
County, Clerk's File No. 02-R0123063, both in the Real Property Records of Denton
County, Texas (R.P.R.D.C.T.), said tract being more particularly described by metes and
bounds as follows;
COMMENCING at the intersection of the southerly right-of-way line of State Highway
Loop 288 (a variable width right-of-way) with the northwesterly right-of-way line of
Sherman Drive (135' right-of-way);
THENCE South 31034'17" West, along the northwesterly right-of-way line of said
Sherman Drive, a distance of 129.57 feet to a corner;
THENCE South 29°39'51" West, continuing along the northwesterly right-of-way line of
Sherman Drive, a distance of 639.31 feet to a comer;
THENCE North 85045'22" West, departing said right-of-way line of Sherman Drive, a
distance of 440.57 feet to a comer;
THENCE North 61°03'24" West, a distance of 245.06 feet to the POINT OF
BEGINNING;
THENCE North 61 °03'24" West, a distance of 912.11 feet to a corner;
THENCE North 02019'08" East, a distance of 36.53 feet to a corner, same being the
southwest corner of a called 24.38 acre tract of land conveyed to Craig P. Moore, trustee,
recorded in County Clerk document No. 02-ROI23080 R.P.R.D.C.T.;
THENCE South 87°35'44" East, continuing along the south line of said 24.38 acre tract,
a distance of 507.08 feet to a comer;
THENCE South 07010'39" West, departing the south line of said 24.38 acre tract, a
distance of 446.22 feet to the POINT OF BEGINNING and containing 4.700 acres, more
or less.
THIS DOCUMENT WAS PREPARED UNDER 22TAC663.21, 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,