HomeMy WebLinkAbout2004-088ORDINANCE NO. DO - w
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL
DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR APPROXIMATELY 7.9 ACRES OF LAND LOCATED APPROXIMATELY 450 FEET
NORTHWEST OF SHADY SHORES ROAD, ON THE NORTHEAST SIDE OF INTERSTATE-35
EAST IN GIDEON WALKER SURVEY, ABSTRACT NO. 1330 IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILTTY CLAUSE AND AN
EFFECTIVE DATE.
(Z04-0003)
WHEREAS, Soraya Fletcher has applied for a change in zoning for approximately 7.9 acres
of land located approximately 450 feet northwest of Shady Shores Road, on the northeast 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 Residential 1 (RCR-1) 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 Residential 1 (RCR-1) 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 day of , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
Exhibit A
-IELD N'77i_ "5'
7,928 ACRES
8£ING all that certain tot, trod or parcel of land situated in
the Gideon Walker Survey _Abstract Number ;3,30 in the Ciiy of
Benton, Denton County, Texas, being all Lhot certain tract of
land conveyed by deer{ morn North Dallas Brokers, Inc. to Denton
!35 Portnershio recorded in Volume 45r9C, Page 1226, Real
Property Records, Denton County, Texas .and being .more:
particularly described as roitowsi
BEGINNING at an iron rod round far corner in fhd north tine of
lnferstote Highway Number 35-E, q pubtir,. roadway, said point
beina the southwest corner of that certain tract at land
a'veYed bx deed from Cov N. fVard orr wife, Eucelene Word to
Francis B. Self and wife, :V&,Ida Self recorded irr Volume 474,
Page 67.5, Deed Records. Denton County, lexos:
THENCE N 55' 1" 11" W, 11t0.3 leaf with said north line of said
Interstate Highway to an iron rod set far corner:
THENCE N 49' 57' 44" W, 1116.45 feet with said north tine of
said interstate Highway to an iron rod found for corner, said
point being the southeast corner of Lat t, Rlnrk A of Ussbergor
Addition, on addition to the City of Denton, Denton Countyy,
Texas according to the pint thereof recorded in C.obinet li, Page
196. Plat Records, Denton County, Texas;
THENCE N 42' 56' 51" r, 221.38 feet with the eosl lire of said
Lissberger Addition to an iron rod set for corner in the south
Gne of Rails to Trails" corridor:
THENCE along the arc of a curve to the left having a centraf
angle of 41' 33' 45", a radius of 127.5-5:' Feet, on arc fe..ngfh of
923.65 feet, whose chord bears S 67' 15' 41" E, 903.73 feet with
said south line of "Roils to Trails" corridor to on iron rod
found for corner, said point being the northwest corner of said
Self tract;
THENCE S 03- 41' 41" W, 595.56 feet wili Inc west ki7e ar' said
Self trar,,t to the PLACE Of' BEGINNING and containing 7.92R acres
of land
tO THE LIENHUt_DER5 AND/OR THE OWNERS AND/BUR PURCHASERS OF THE:
PREMISES SURVEYED AND TO REUNION TITLE:
I hereby certify that on the 12th day of February, 2004, this survey was rnad
on the ground as per the field notes shown on this survey and is true,
correct and accurate as to the boundaries and areas of the subject property
and the size, location and type of buildings and improvements thereon If
if any, and as to the other matters shown hereon, and correctly shows the
location of all visible easements and rights--of-way and of all rights -of -ways
easements and other matters of record of which I trove knowledge or have
been advised, whether or not of record, affecting subject property:
Except as shown on the survey, there ,,,re no
property by improvements on adjacent prop(
on adjacent property, streets or alleys by a
property and there are no conflicts or protr
I further certify that only Pertlon Shown e1 Sublboi
properly Ilos within a special flood hazard ores
lot Donlo to the FLOOD I INSURANCE RATE MAP
Im Donlon Courtly and Incorporated Aroab, Map
Number e8191C0987. Dated March 30, 1998. 001e0
Property Ilea in Floodway. Zone AS Zone X. and
Zone X 'Shaded* approximately 06 shown.)
oachments upon the subject
there are oachments
iproverrf .„ tir.�,i ; � subject