2002-388S:\Our Documents\Ordinances\02~Z02-0038.doc
ORDINANCE NO. ~0~, ~ ~
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 1 (DR-1 )
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROX/MATELY
8.65 ACRES OF LAND, LEGALLY DESCRIBED AS BEING A PORTION OF A TRACT IN
ABSTRACT 1164 IN THE J.SEVERE SURVEY, 1N THE DEED TO PAUL S. BERRY
RECORDED IN VOLUME 4616, PAGE 1936 AND BEING A PORTION OF A TRACT OF
LAND DESCRIBED IN DEED TO RUIBAL PROP INC. RECORDED IN VOLUM~ 4958, PAGE
691 OF THE REAL PROPERTY RECORDS 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 FOR AN EFFECTIVE DATE. (Z02-0038
WHEREAS, The Planning and Zoning Commission initiated a change in zoning for
approximately 8.65 acres of land described as being a portion of a tract in abstract 1164 in the
J.Severe survey, in the deed to Paul S. Berry recorded in volume 4616, page 1936 and being a
portion ora tract of land described in deed to Ruibal Prop Inc. recorded in volume 4958, page 691 of
the real property records City of Denton, Denton County, Texas, 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 1 (NR-1) zoning district classification and use designation; and
WHEREAS, on September 25, 2002, the Planning and Zoning Commission recommended
denial to change the zoning to Neighborhood Residential 1 (NR-1); and
WHEREAS, the City has received written protests pursuant to Texas Local Government
Code Section 211.006, which requires a three quarter vote by the City Council to change the zoning
district classification and use designation.
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 1 (NR-1) zoning district classification and use and such zoning change
has been passed by a three quarter vote of the City Council.
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
S:\Our Documents\Ordinances\02~Z02-0038.doc
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 /tSfi~day of ~~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
8.65 Acres of Land
Exhibit A
All that certain tract or parcel of land lying and being situated in the County of Denton,
State of Texas, and being part of the J. Severe Survey, Abstract Number 1164, and being
a portion ora certain called tract of land described in the deed to Paul S. Berry recorded
in Volume 21616, Page 1936 of the Real Property Records Denton County, Texas and
being a portion of a certa'm called tract of land described in the deed to Ruibal Prop Inc.
recorded in Volume 4958, Page 691 of the Real Property Records Denton County, Texas
and being more particularly described as follows:
BEING only the area of those certain called tracts of land located within the present City
limits line established by Ordinance 69-40 III, City of Denton, Denton County, Texas:
BEGINNING at a point in the existing U.S. 377 East Right-of-way line and being 12.44
feet more or less West of a Northwest property comer of said Ruibal Prop Inc. tract;
THENCE East along the North boundary line of said Ruibal Prop Inc. tract a distance of
493 feet more or less to a point on the East boundary of the current City limits line
established by said Ordinance;
THENCE Southwest along the East boundary line of the current City limits line
established by said ord'mance and passing the South boundary line of said Ruibal Prop
Inc. tract also being the North boundary line of said Paul S. Berry tract a distance of
857.45 feet more or less to a point on the South boundary line of said Paul S. Berry tract.
THENCE North 89 Degrees 59 Minutes 21 Seconds West along the South boundary of
said Paul S. Berry tract a distance of 494.91 feet to a point for a comer and being the
Southwest comer of said Paul S. Berry tract lying on the East Right-of-way line of said
U.S. 377;
THENCE Northeast along the existing U.S. 377 Right-of-way line and passing the
Northwest comer of said Paul S. Berry tract also being the Southwest comer of said
Ruibal Prop Inc. tract a distance of 859.08 feet more or less to the POiNT OF
BEGINNING and containing in all 8.65 acres of land more or less.