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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT TO A
DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT WITH AN OVERLAY
CONDITION, THE AREA PROPOSED FOR ZONING CHANGE ENCOMPASSING 3.319
ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF CARROLL BOULEVARD
AND EAGLE DRIVE INTERSECTION AND LEGALLY DESCRIBED AS TRACTS 216, 217,
218, 219, AND 220 OF THE A. HILL SURVEY, ABSTRACT NUMBER 623,1N THE CITY OF
DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE. (Z07-0008)
WHEREAS, Elk River Investments, Inc., has applied for a change in zoning for
approximately 3.319 acres of land from a Downtown Residential 1 (DR-1) zoning district
classification and use designation to a Downtown Commercial General (DC-G) zoning district
classification and use designation; and
WHEREAS, on April 11, 2007 the Planning and Zoning Commission recommended approval
of the requested change in zoning, with an overlay condition requiring the construction of a fence;
and
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 of the property is hereby
changed from a Downtown Residential 1 (DR-1) zoning district classification and use designation to
a Downtown Commercial General (DC-G) zoning district classification and use designation for
3.319 acres of land more particularly described in Exhibit "A" and depicted in Exhibit B, which are
attached hereto and incorporated herein by reference (the "Property"). Notwithstanding the above
real property description, the property being rezoned includes all property to the centerline of all
adjacent street rights -of -way. This zoning classification and use of designation is further restricted
by an overlay condition, requiring construction of a fence with a minimum height of eight (8) feet on
the western boundary of the property, separating the subject site from the adjacent residential
properties.
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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ay of , 2007.
PERR . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
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EXHIBIT A
LEGAL DESCRIPTION
BEING A 3.319 ACRE TRACT OF LAND SITUATED IN THE A. HILL SURVEY ABSTRACT
NUMBER 623, DENTON COUNTY, TEXAS AND BEING AI.I. OF THOSE CERTAIN TRACTS OF
LAND DESCRIBED IN DEED TO, VPS PARTNERS, LTD, AS RECORDED IN DOCUMENT NO'S.
99-0113805, 99-0113806, 99-0113809, 99-0113810 AND 99-0113812, OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS. SAID.3.319 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
BEGINNING at a point in the north line of Collins Street and being the southeast comer of Lot 1, Block
B of the Final Plat of Paul Hamilton Addition, as recorded in Volume 346, page 402 of the Plat Records
of Denton County, Texas, also being the southwest comer of said tract described in Document
No 99-0113812 of said Real Property Records of Denton County, Texas;
THENCE N 000 07' 23" W, along the east line orsaid Paul Hamilton Addition, a distance of 546.04 feet,
to a point for comer,
THENCE N 00' 14' 47" W, continuing along the east line of said Paul Hamilton Addition distance of
59.89 feet, to a point for comer,
THENCE N 010 14' 14" W, a distance of 65.53 feel, to a point for comer, lying in the cast line of Lot
14B as described in the Rc-Plat of Lots 12B, 13B and 14B. BLOCK B of Paul Hamilton Addition as
recorded in Cabinet D, Page 118 of said Plat. Records,
THENCE N 010 24' 40" W, along said Lot 14B a distance of 131.81 feet, to a point for the northwest
comer hereof and lying in the south line of Eagle Drive;
THENCE S 880 59' 30" E, along the south line of said Eagle Street the north line of that called 1.0753
acre tract as described in said Document 99-0113909 a distance of 40.87 feet, to point for comer;
THENCE S 490 35'50" E, continuing along the north line of said 1.0753 acre tract distance of 55.06
feet, to a point for comer and being at the intersection of the south fine of said Eagle Street and the west
line of Carroll Boulevard, said comer also being the beginning of a non -tangent curve to the left having a
radius of1482.39 feet, a central angle of 16' 10' 34" a chord which bears S 15' 59' 54" E.and a chord
distance of 417.13 feet;
THENCE along said non -tangent curve to the left an arc length of 418.52 feet, to a point for comer;
THENCE S 240 04' 54" E, continuing along said west line of Carroll Boulevard a distance of 198.42
feet, to a point for corner,
THENCE 00' 00' W' E, a distance of 183.94 feet, to a point for the southeast comer hereof also lying
in the north line of said Collins Street;
THENCE N 900 00' 00" W, along the north line of Collins Street a distance of 272.00 feet, to the
POINT OF BEGINNING and containing 3.319 acres of land more or less.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
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EXHIBIT B
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Subject
Property
INS-
0 75 150 300 450 600
Feet
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