2002-390S:\Our Documents\Ordinances\02~Z02-0040.doc
ORDINANCE NO. d~5~,~'5~ - ,-~5)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESDIENTIAL 2 (NR-2)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
34.16 ACRES OF LAND GENERALLY LOCATED AT FORT WORTH DRIVE SOUTH OF
BRUSH CREEK ROAD LAND LEGALLY DESCRIBED AS BEING A PORTION OF A TRACT
IN ABSTRACT 517 IN THE H. HAGGOOD SURVEY AND A PORTION OF A TRACT IN
ABSTRACT 568 IN THE W. HUDSON SURVEY AND A PORTION OF A TRACT IN
ABSTRACT 351 IN THE GEORGE W. DAUGHERTY SURVEY AND BEING ALL OF A
TRACT SHOWN BY DEED TO JOE W. RHOADES RECORDED IN VOLUME 639, PAGE 486,
DEED RECORDS AND BEING ALL OF A CERTAIN TRACT SHOWN BY DEED TO
HERBERT E. WYSS RECORDED IN VOLUME 1042, PAGE 834, DEED RECORDS AND
BEING ALL OF A TRACT OF LAND SHOWN BY DEED TO EWELL BURKALTER, ET AL,
RECORDED IN VOLUME 886, PAGE 602, DEED 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.
(Z02-0040)
WHEREAS, The Planning and Zoning Commission initiated a change in zoning for
approximately 34.16 acres of land being legally described as being a portion ora tract in abstract 517
in the H. Haggood Survey and a portion ora tract in abstract 568 in the W. Hudson Survey and a
portion of a tract in abstract 351 in the George W. Daugherty Survey and being all of a tract shown
by deed to Joe W. Rhoades recorded in volume 639, page 486, Deed Records and being all of a
certain tract shown by deed to Herbert E. Wyss recorded in volume 1042, page 834, Deed Records
and being all of a tract of land shown by deed to Ewell Burkalter, Et Al, recorded in volume 886,
page 602, Deed Records in the city of Denton, Denton County, Texas, as more particularly described
in Exhibit "A" attached hereto and made part hereof by reference (the "Property") from
Neighborhood Residential 4 (NR-4) zoning district classification and use designation to
Neighborhood Residential 2 (NR-2) zoning district classification and use designation; and
WHEREAS, on September 25, 2002, the Planning and Zoning Commission recommended
approval to change the zoning to Neighborhood Residential 2 (NR-2); 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; 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 4 (NR-4) zoning district classification and use designation
S:\Our Documents\Ordinances\02~Z02-0040.doc
to Neighborhood Residential 2 (NR-2) 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 tins ordinance are severable
SECTION 4. Any person violating any provision of tins 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. Tins ordinance shall become effective fourteen (14) days fi-om 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 ~'~~ ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
34.16 Acres of Land
Exhibit A
All that certain tract or parcel of land lying and being situated in the H. Haggood Survey,
Abstract Number 517; The W. Hudson Survey, Abstract Number 568; and the George W.
Dangherty Survey, Abstract Number 351, Denton County, Texas, and being all of a tract
shown by deed to Joe W. Rhoades, recorded in Volume 639, Page 486, Deed Records,
and being all of a certain tract shown by deed to Herbert E. Wyss, recorded in Volume
1042, Page 834, Deed Records, and being all of a tract of land shown by deed to Ewell
Burkhalter, Et Al, recorded in Volume 886, Page 602, Deed Records of said county and
being more fully described as follows;
BEGINNING at the intersection of the East right-of-way line of U.S. Highway 377 and
the South right-of-way line of Brash Creek Road, said point being 371.33 feet more or
less West of the Southwest comer of the present city limits as established by Ordinance
No. 69-40, also being the Northwest comer of the current city limits line established by
Ordinance No. 86-21;
THENCE North 89 Degrees 41 Minutes 42 Seconds East, along the South right-of-way
line of said Brash Creek Road a distance of 299.99 feet more or less to a point for a
comer;
THENCE South 00 Degrees 18 Minutes 20 Seconds East, a distance of 261.15 feet to a
point for a comer;
THENCE South 22 Degrees 13 Minutes 00 Seconds West, a distance of 1,123.24 feet to a
point for a comer;
THENCE North 89 Degrees 47 Minutes 00 Seconds West, a distance of 17.00 feet to a
point for a comer and being the beginning of curve to the right having a radius of 363.06;
THENCE along said curve to the right having a arc length of 172.67 feet and a chord
bearing of North 76 degrees 09 minutes 30 seconds West, a distance of 171.05 feet to a
point for a comer;
THENCE North 62 Degrees 32 Minutes 00 Seconds West, a distance of 90.00 feet to a
point for a comer, said point lying 390 feet East of and perpendicular to the centerline of
U.S. Highway 377;
THENCE South 27 Degrees 28 Minutes 00 Seconds West, parallel with and 390 feet East
of the centerline of U.S. Highway 377 a distance of 2,468.99 feet to a point for a comer;
THENCE North 50 Degrees 07 Minutes 44 Seconds West, a distance of 337.88 feet to a
point for a comer lying on the East right-of-way line of said U.S. 377;
THENCE North 27 Degrees 28 Minutes 00 Seconds East, along the East right-of-way
line of said U.S. 377 a distance of 2,926.42 feet to a point for a comer;
34.16 Acres of Land
THENCE North 33 Degrees 09 Minutes 14 Seconds East, along the East right-of-way
line of said U.S. 377 a distance of 301.15 feet to a point for a comer;
THENCE North 27 Degrees 37 Minutes 11 Seconds East, along the East right-of-way
line of said U.S. 377 a distance of 294.39 feet to a point for a comer;
THENCE North 58 Degrees 35 Minutes 38 Seconds East, a distance of 156.33 feet to the
POINT OF BEGINNING and containing in all 34.16 acres of land more or less.