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ORDINANCE •
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR Y , ZONING
CHANGE FROM A DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN COMMERCIAL
GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; ON
APPROXIMATELY 0.184 ACRES, LOCATED ON SOUTH SIDE OF WEST OAK STREET
APPROXIMATELY 104 FEET WEST OF THE INTERSECTION OF WEST OAK STREET
AND AVENUE B., IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z14-
0007)
WHEREAS, Michael Doggett, on behalf of CVS Pharmacy, has applied for a change in
zoning for approximately 0.184 acres of land legally described in Exhibit "A", attached hereto
and incorporated herein by reference (hereinafter, the "Property") from a Downtown Residential
2 (DR-2) zoning district classification and use designation to a Downtown Commercial General
(DC-G) zoning district classification and use designation; and
WHEREAS, on April 23, 2014, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, on June 3, 2014, the City Council concluded a public hearing as required by
law and 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:
SECTI.O_N 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 Downtown Residential 2 (DR-2) to Downtown Commercial General (DC-
G). Notwithstanding the attached real property description, the property being rezoned 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 the 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 provisions of this ordinance are severable.
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 APPIZOVED this the lllt/'�day of
2014.
CHRIS WAFTS, MAYOR
EXHIBIT A
LEGAL DESCRIPTION
PROPERTY DESCRIPTION
TRACT 1
STATE OF TEXAS §
COUNTY OF DENTON §
BEING a tract of land situated In the E. PUCHALSKI Survey, Abstract No. 996, CITY OF DENTON,
DENTON COUNTY, TEXAS and being all of a tract of land as described in deed to FSB/Denton Realty
Advisors, Inc., recorded in County Clerk's File No. 95-0088204, Deed Records, Denton County, Texas
(D.R,D.C.T.) and being more particularly described as follows:
BEGINNING at an "X" cut In concrete found for the northeast corner of said FSB/Denton tract, said"X" out
being situated in the south right-of-way line of West Oak Street (60' right-of-way), and being South 89
deg 30 min 02 sec West, a distance of 97.01 feet from the intersection of the south right -of --way line of
said West Oak Street and the west right-of-way line of North Avenue B (80' right-of-way);
THENCE South 00 deg 12 min 01 sec West, departing said south right-of-way line, a distance of 160.01
feet to a 1/2 Inch iron rod with red plastic cap stamped "WAI" set for corner from which a 318 inch iron rod
found bears North 31 deg 15 min 09 sec West, a distance of 1.61 feet, said Iron rod being the southeast
corner of aforementioned FSB/Denton tract;
THENCE South 89 deg 30 min 02 sec West, along the south line of said DSB/Denton tract, a distance of
50.00 feet to a 1/2 inch iron rod with plastic cap stamped " METROPLEX" found for corner, said Iron rod
being the southwest corner of said FSB/Denton tract;
THENCE North 00 deg 12 min 01 sec East, departing said south line, a distance of 160.01 feet to a 112
inch iron rod with red plastic cap stamped "WAI" set for corner, said Iron rod being the northwest corner of
said FSB/Denton tract and being situated in the south right-of-way line of aforementioned West Oak
Street;
THENCE North 89 deg 30 min 02 sec East, along the north line of said FSB/Denton tract and the south
right-of-way line of said West Oak Street, a distance of 50.00 feet to the POINT OF BEGINNING.
CONTAINING within these metes and bounds 0.184 acres or 8,001 square feet of land, more or less.
Bearings shown hereon are based upon an on -the -ground Survey performed in the field on the 10th day
of October, 2013, utilizing a G.P.S. measurement (NAD 83) using the Geoshack VRS network of North 89
deg 30 min 02 sec East, along the South right-of-way line of West Oak Street.
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