HomeMy WebLinkAbout2011-173sAlegal\our documents\ordinances\l1\zl1-0016 ordinanace.doc
ORDINANCE NO. 2011-173
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A DOWNTOWN RESIDENTIAL 2 ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN COMMERCIAL
GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, ON
2.083 ACRES OF LAND LOCATED SOUTH OF EAGLE DRIVE, WEST OF BERNARD
STREET, EAST OF BEATTY STREET AND NORTH OF FANNIN STREET, WITHIN THE
CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND
AN EFFECTIVE DATE. (Z11-0016)
WHEREAS, Crosswind Development Partners, LLC, has applied for a change in zoning
for approximately 2.083 acres of land described in Exhibit "A", attached hereto and incorporated
herein by reference (hereinafter, the "Property"), from a Downtown Residential (2) zoning
district classification and use designation to a Downtown Commercial General (DC-G) zoning
district classification and use designation; and
WHEREAS, on August 24, 2011, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the change in zoning, with a
restrictive overlay enacting development restrictions (the "Overlay"):
1. Buildings shall not exceed 65 feet in height.
2. No more than 4-bedrooms per apartment.
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from a Downtown Residential (2) zoning district classification and use
designation to a Downtown Commercial General (DC-G) zoning district classification and use
designation as further restricted by the above -recommended Overlay district. Notwithstanding
the attached real property description, the Property being amended includes all property to the
centerline of all adjacent street rights -of -way.
SECTION 3. The City's official land use map is amended to show the change in land use
designation.
SECTION 4. 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 provision of this ordinance are severable.
sAlegal\our documents\ordinances\11\zll-0016 ordinanace.doc
SECTION 5. 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 6. 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 ,,Y day of L(! / G �l1/ , 2011.
MARK A.- BURROUGj4S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AWROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: (e'
s:Uegal\our documents\ordinances\l1\zl 1-0016 ordinanace.doc
EXHIBIT A
LEGAL DESCRIPTION
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E. LEGAL DESCRIPTION FOR CROSSWIND PROPERTY
(FOR 2.083 ACRES OF REAL PROPERTY)
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE E. PUCHALSKI SURVEY,
ABSTRACT NUMBER 996, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING ALL OF LOTS 1 AND,;0�
WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING�'TF
THEREOF RECORDED IN VOLUME 86, PAGE 526, PLAT RECORDS, DENTON COUNTY, TEXAS, PART 00 LOT 1
OF LOT 2, BLOCK 1, HILLSIDE ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY,VNS;
ACCORDING TO THE PLATTHEREOF RECORDED IN VOLUME 1, PAGE 13, PLAT RECORDS, DENT, ONI COUNTY
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED
AT THE
5,
NORTHEAST CORNER OF SAID LOT 2, BLOCK 5, WATTAM ADDITION, ALSO BEING THE=N(tTIEp�ST CORNER OF A
TRACT DESCRIBED IN A DEED TO JACKIE WAYNE GEORGE, RECORDED IN VOLUME2D5, PAG265, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, SAID PIN ALSO BEING ATTHE INTERSECTION OPTHE,SOUTH LINE OF EAGLE
DRIVE AND THE WEST LINE OF BERNARD STREET;
THENCE SOUTH 00 DEGREES 27 MINUTES 43 SECONDS EAST WITH THE, T hfNE`O', SAID LOT 2, BLOCKS,
WATTAM ADDITION AND THE EAST LINE OF SAID GEORGE TRACT, A01STANCE)j,38.14 FEET TO A 1/2 INCH IRON
PIN WITH A YELLOW PLASTIC CAP STAMPED "METRO
BLOCK 5, WATTAM ADDITION ON THE WEST LINE OF
THENCE SOUTH 88 DEGREES 48 MINUTES 22
EAST CORNER OF SAID LOT 2,
', A DISTANCE OF 124.99 FEET TO 1/2 INCH IRON PIN
FOUND ATTHE NORTHWEST CORNER OF LOT 1A, BLOCK' 5jVtr,{,, WTTAM ADDITION, AN ADDITION TO THE CITY
OF DENTON, DENTON COUNTY, TEXAS, ACCQkbING TO THE PLAT THEREOF RECORDED IN CABINET L, PAGE 310,
PLAT RECORDS, DENTON COUNTY, TEXAS ANJOI.TMfEAST LINE OF A TRACT DESCRIBED IN A DEED TO JACKIE WAYNE
GEORGE, RECORDED UNDER DOCUMENT NUM-0F Z005-138984, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS;
THENCE SOUTH 00 DEGREES 38 MINUTES�O9 SEeftS EAST WITH THE WEST LINE OF SAID LOT 1A, BLOCK 5, A
DISTANCE OF 58.41 FEET TO A 1/2 INCH I8¢N PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET
ON THE SOUTHWEST CORNER OF SAID LOfiWBT'OCK S AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN
A DEED TO JACKIE WAYNE GEORGE, RECORDED UNDER DOCUMENT NUMBER 200S-138986, REAL PROPERTY
RECORDS, DENTON COUNTY,
THENCE NORTH 89QEGRE 5l)M1NUTES 28 SECONDS WEST, A DISTANCE OF 219.87 FEET TO A 1/2 INCH IRON PIN
WITH A YELLOW PLA�CAP STAMP 7'" METROPLEX 1849" SET AT THE NORTHEAST CORNER OF SAID LOT 2,
BLOCK 1, H1LtSItJE ADDITICI I;AI D TH.h�°OUTH LINE OF LOT 2, BLOCK 5, OF SAID WATTAM ADDITION, SAID PIN
ALSO BElNG_AT TI=IE NORTHiN f CORNER EOF LOT 4-A, BLOCK 1, HILLSIDE ADDITION, AN ADDITION TO THE CITY
OF DENEbA,_`'ENTON Q' TY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 198,
PLAT WCORDS, DENT- ON COUNTY, TEXAS;
THENC UTH QO' . EGREES 27 MINUTES 00 SECONDS WEST WITH THE EAST LINE OF SAID LOT 2, BLOCK 1,
HILLSIDE g1T5jTONAND THE WEST LINE OF SAID 4-A, BLOCK 1, HILLSIDE ADDITION, A DISTANCE OF 200.00 FEET
s:\Iegal\our documents\ordinances\l l\zl1-0016 ordinanace.doc
rxuf vsnuLL vffLur mKvrunr-1. va.) AcF NUE
TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET ATTHE SOUTHEAST
CORNER OF SAID LOT 2, BLOCK 1, HILLSIDE ADDITION AND THE SOUTHWEST CORNER OF SAID LOT 4-A, BLOCK 1,
HILLSIDE ADDITION, SAID PIN ALSO BEING ON THE NORTH LINE OF FANNIN STREET;
THENCE NORTH 89 DEGREES 50 MINUTES 18 SECONDS WEST WITH THE SOUTH LINE OF SAID LOT 2, BLOCK 1,
HILLSIDE ADDITION AND THE NORTH LINE OF FANNIN STREET, A DISTANCE OF 50.00 FEETTO AN X IN CONdRE
SET AT THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK 1, HILLSIDE ADDITION, THE SOUTHEAST CORNER OF'3
LOT 1, BLOCK 1, HILLSIDE ADDITION, AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TD
MICHAEL L. VOGEL AND HELENA H.F. MAK-VOGEL, RECORDED UNDER DOCUMENT NUMBER 20D$ 9. 751, _R_EAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID PIN ALSO BEING ON THE NORTH LINE;Q,F FANNIRSTREET;
THENCE NORTH 00 DEGREES 27 MINUTES 00 SECONDS EAST WITH THE WEST LINE.OF SAID 110712,_$L"OCK 1,
HILLSIDE ADDITION AND THE EAST LINE OF SAID LOT 1, BLOCK 1, HILLSIDE ADDITION AkQ,YOGPLTRACT, A
DISTANCE OF 150.00 FEET TO A 1/2 INCH IRON PIN WITH AYELLOW PLASTIC CAP-STAMPSV!M1 TROPLEX 1849"
SET ON THE WEST LINE OF SAID LOT 2, BLOCK 1, HILLSIDE ADDITION AND THEE-!,' I E,OF SAID LOT, BLOCK 1,
HILLSIDE ADDITION, SAID PIN ALSO BEING AT THE NORTH EAST CORN ER OF: A-ibVOWWTRACTANDTHE
SOUTHEAST CORNER OF A CALLED TRACT TWO DESCRIBED IN A DEED TO DONAi1GASTON, RECORDED UNDER
COUNTY CLERK'S FILE NUMBER 96-R0036204, REAL PROPERTY RECOR.4 FJtT ' 3]IINTY, TEXAS;
THENCE NORTH 89 DEGREES 50 MINUTES 1S SECONDS
NORTH LINE OF SAID VOGEL TRACT, A DISTANCE OF 50
CAP STAMPED "METROPLEX 1849" SET AT THE SOUTH]
CORNER OF SAID VOGEL TRACT AND BEING ON THEE A
PIN ALSO BEING ON THE EAST LINE OF BEATTY STREET;
WITH T-.Rt; OUTS LINE OF SAID TRACT TWO AND THE
T}A 1/2.�IN`IRON PIN WITH AYELLOW PLASTIC
:ORNIYk OF SAID TRACT TWO AND THE NORTHWEST
E OF SOILOT 1, BLOCK 1, HILLSIDE ADDITION, SAID
THENCE NORTH 00 DEGREES 27 MINUTES 06.18CONDS EAST WITH THE WEST LINE OF SAID LOT 1, BLOCK 1,
HILLSIDE ADDITION AND THE WEST LINE OF SAIUTRACT TWO, A DISTANCE OF 50.00 FEETTO A 1/2 INCH IRON PIN
FOUND AT THE NORTHWEST CORNER OF SAID TRA 71N0 AND THE NORTHWEST CORNER OF SAID LOT 1, BLOCK
1, HILLSIDE ADDITION, SAID PIN ALSO BEI,N Q;M; SHE EAST LINE OF BEATTY STREET;
THENCE SOUTH 89 DEGREES 50 MINUTE51A SECONDS EAST WITH THE NORTH LINE OF SAID TRACT TWO AND THE
NORTH LINE OF SAID LOT 1, BLOCK 1, HILLSIb,"ADDITION, A DISTANCE OF 16.43 FEET TO A 1/2 INCH IRON PIN
WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET ON THE NORTH LINE OF SAID TRACT TWO, THE
NORTH LINE OF SAID LOT 1, 13000GIS1, HILLSIDE ADDITION, AND THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK 5,
WATTAM ADDITION, SAQ RIN ALSO BEING AT THE SOUTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO
GASTON PRO PERTIIS4 LLC; REOA.Rk3EI BINDER DOCUMENT NUMBER 2005-142299, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS'
THENCE NORTH Obl- REE D=MINUTES 55 SECONDS WEST WITH THE WEST LINE OF SAID LOT 2, BLOCK 5,
WATTAIVI'PITION, DJSTANCE OF 201.33 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED
"METfO'LEX 184911>SETY THE NORTHWEST CORNER OF SAID LOT 2, BLOCK 5, WATTAM ADDITION AND THE
NOR ,,WEST CORICI;k OF A TRACT DESCRIBED IN A DEED TO KENT KEY, RECORDED IN VOLUME 4859, PAGE 3917,
REAL P}PE;RTY [;dRDS, DENTON COUNTY, TEXAS, SAID PIN ALSO BEING ATTHE INTERSECTION OF THE EAST
LINE OF Mf TTY AEETAND THE SOUTH LINE OF SAID EAGLE DRIVE;
THENCE SOUTH 89 DEGREES 35 MINUTES 36 SECONDS EAST WITH THE NORTH LINE OF SAID BLOCK 5, WATTAM
ADDITION AND THE SOUTH LINE OF EAGLE DRIVE, A DISTANCE OF 427.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING IN ALL 2.083 ACRES OF LAND.