2002-369O IN CE NO. db q
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 RESDIENTIAL 3 (NR-3)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
1.4 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION
OF FARRIS ROAD AND SILVERDOME, BEING DESCRIBED AS TRACT 12 IN THE JAMES
P. COLTART SURVEY, ABSTRACT 288, IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z02~0046)
WHEREAS, Rick Baria has applied for a change in zoning for approximately 1.4 acres of
land being Tract 12 in the James P. Coltart Survey as more particularly described in Exhibit "A"
attached hereto and made a part hereof by reference (the "Property") from Neighborhood Residential
2 (NR-2) zoning district classification and use designation to Neighborhood Residential 3 (NR-3)
zoning district classification and use designation; and
WHEREAS, on September 25, 2002, 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 Property is hereby
changed from Neighborhood Residential 2 (NR-2) zoning district classification and use designation
to Neighborhood Residential 3 (NR-3) zoning district classification and use.
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 th/s 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 :9~-~day-gf (;t~_~ff'~,J , 2002.
~Ln~ B~K, ~--~ ~"
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
Exhibi~ A
A certain tract of land, morse particularly described in a
deed from Jo Lynn Laney, Inadividually and as Independent
Executrix and Trustee of the Estate of IRENE BELEW WILSON,
Deceased, to Alice H. ~Derbyshire d/b/a Chickashaw
Properties, Inc. dated Septemmber 10, 1999 and recorded in
Volume 4423, Page 1695 of the Deed Records of Denton
County, Texas, said 1.66 acre~ tract being more particularly
described by metes and bounds:as follows:
Being all of that certain tr~act or parcel of land situated
in the Daniel P. Culp Surveyy, Abstract 287, and the James
P0 Coltart Survey, Abstract 2288, Denton County, Texas, and
being a part of a certain 166.6, more or less, acre Second
Tract described in a deed fr~om Mrs. Maude May to Dora Lee
Reese on November 23, 1964, r~ecorded in Vol. 516, Page 281,
Deed Records, and part of a :25-acrs Second Tract described
in a deed from Maude May to ~Dora Lee Reese on the 23rd day
of November 1964, recorded in Vol. 516, Page 279, Deed
Records of said County, and being more fully described as
follows:
BEGINNING at an iron pin on t the East boundary line of said
25-acre tract and of the Colt~art Survey in the Farris Road,
said beginning point being '755.89 ft. South of the
corner of a certain 2-acre tract described in deed from
Dora Lee Reese to Fumiko Nagaata Rudd, Trustee, and recorded
in Vol. 1117, Page 850 of! the Deed Records of Denton
County, Texas;
THENCE North 89 degrees 0) minutes 56 seconds West
· distance of 280.56 ft. to an Jtron pin;
THENCE South pass the South ~ boundary line of the Coltart
Survey and the North bounddary line of the Culp Survey
258.39 ft. to an iron pin;
THENCE South 89 degrees 0 mi~nutes 59 seconds East at 28.63
ft. pass the Southwest ccorner of a 1.33-acre tract
described in deed from DoDra Lee Reese to Irene Belew
Wilson, recorded in Vol. 12e09, Page 608, Deed Records of
Denton County, Texas, and coontinuing a distance of 280.56
ft. to an iron pin on the Ea~st boundary line of said 16.6-
acre tract and of the Culp Sunrvey in Kin§s Row;
THENCE North with the East booundary line of the Culp Survey
5120 022 3
pass the Northeast corner of
the Southeast corner of the
258.39 ft. to the place of
acres of land, more or less.
tthe Culp Survey, which is also
(Coltart Survey, a distance of
~beginning and eontainlng 1.~
Also referred to as Lot 11,, Block A, on the unrecorded
Preliminary Plat for Lots 8BR and 11, Block A, DEERWOOD
ADDITION, Phase 3A, a proposeed subdivision in the City of
Denton, Denton County, Texas.