HomeMy WebLinkAbout2004-087ORDINANCE NO. of X 1 — &1) rI
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER
COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 4 ACRES OF LAND LOCATED APPROXIMATELY
900 FEET EAST OF POCKRUS PAGE ROAD, ON THE NORTH SIDE OF INTERSTATE-35
EAST IN GIDEON WALKER SURVEY, ABSTRACT NO. 1330 THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
(Z04-0001)
WHEREAS, Scott Chaney has applied for a change in zoning for approximately 4 acres of
land located approximately 900 feet east of Pockrus Page Road, on the north side of Interstate-35
East and more particularly described in Exhibit "A" attached hereto and made a part hereof as
Exhibit "A" (the "Property") from Regional Center Commercial Neighborhood (RCC-N) zoning
district classification and use designation to Regional Center Commercial Downtown (RCC-D)
zoning district classification and use designation; and
WHEREAS, on February 25, 2004, the Planning and Zoning Commission recommended
approval of the requested change in zoning; 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 Regional Center Commercial Neighborhood (RCC-N) zoning district classification
and use designation to Regional Center Commercial Downtown (RCC-D) zoning district
classification and use.
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
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the'I&dday of , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HE,
I�
PAGE 2
Exhibit A
ftELV NOTES
4309 ACRES
A bstrnrf Number 1330, in the City u1
AFiNG nH that "eifan 101. tract or pull-' 'I at toed situated +n
the Gideon Walker Survey
Penton, Denton County, Texas, being a part tt that certain tract
deed from Holbert, Votkswagon,Uc.eto
A land conveyed by Texas, and being more
A. to Wyatt and Charles }iotbDenton Cuud t Volume 2304, .
418. Real property Ret:ords.
particularly described or follows: northeast tine of
o Tian rod sal for cornuttic rtindwuy having o
8EG1NNiNG of Nro 35—f P. .•otithwesi
Interstate Highway OD.D reel, said point ber»y the
right —airway of 5
corner of that Sartain tract of land corn'eyed by dead from
Marvin, f. McDonald sod Jeannette E. McDonald fu Marvin H. Cobb
and wile. Uei fan luCnby rTe �as ed in Volume 4 /4, Yoge f>35, Peed
Records,
THENCE N 49' 57' OU ` t an it feet 4;ot said northeast line of
said Interstate Highway to an iron r,, set tar carer:
THENCE N 42' 09' I7•• 1', 356.27 teet to err iron rod set far'
Owed from i_one Star Gas Company to t:nderby Gas, Inc.
Mier in the outhwest Irne. of Unit certain Tract O! ton
conveconvey d in del011 759. Page 433, Peed Racards, Penton County,
Texas;
(HENCE 5 E2' 59' 35' E,
191,68 feet with said southwest tin oint
�to
sold tnderoy Gn tract to o fence corner for career, sot p
itthe roost suuthnriy point of sair•' Enderby Gas tract:
THENCE N 6!' f$' 39' E, tU0.04 reef with the scorner i line of
said Enderby Gas Tract to a fence corner far od'���nreet;
southwest Itne of Nurtsf living a) right - of --way abandoned
Railroad ri t—of—way
THENCE S 33' t0' 25" E, 2D5.44 teat wilt! laiRaits betnyotttedmas!
Corridor to a tonic corner far corner; said point
northerly point of said %ubb tract:
7iilivCc S
4.i D2' D4 •-n'•j..)i iai't with a ourlhtre�t 7f) if
said Cobb tract to the 1:'i.ACE OF SEGINld;TdG and conioining 4.U?9
acres of land.
TO NICAGp "TITLE AND 10 NATTON'WIDE "OUSING
Tq THE I.�NMOLDERS ANU jt;R THE OWNER' AND/OR PURCHASERS OF TrtE
PREMISES SURVEYED.
CORPORATION: of June. 1998, this survey was mode
and is true,
i hereby certify that on the 4lh day subject property
on the ground as per the field notes Shown areas
this survey
and correctly shows the
location and Type of buildings and Improvements thereon if
correct and accurate as to the boundaries and areas r the sub) P
and the size, rights and of au rights --or have
if any, and as io the oth--'ntstatnd rgown Ter
Y
location of a0 visible easatte affecting subject proper y:
easements and other matters of record of which I have knowledge
been advised, whether or not of record, t
there Oro no encroachments
Except as shown on the survey. there are tencroachment,there
muntspon the subjectan the ject
property by improvements on adjacent property. ny P
on adjacent property, Streets or alleys f ry 1A,
property and there are no coniUcts or ��ro,I��h� the 4 _.
survey was prepared in accor OenceV�t!>\, the stand ,
�ia0.�o surveyirxJ • �Q`� ,,�vz r
This sue Y'""
condition 1 of the monad of practice fornsrr o
lion of sii+ject lxopa'tY .,,T, • _,ti.,;�?!P .�: ......:..;�ti ,f
I ttllhacomity lm hru• Ord aea omordu+9 to _
a `
fee wdtin a Id RATE biAP id TJadon Cunt JER D• OR
aidFLOOD
WOPIWes
Dated March 30, 99t1 ($ublect prr�ertY