2010-314\\codad\departments\1ega1\our documents\ordinances\10\z10-0011 ordinanace.doc
ORDINANCE NO.
2010-314
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE
FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION TO A DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNTION, ON 0.3159 ACRES OF LAND LOCATED 130 FEET
SOUTH OF THE INTERSECTION OF EAGLE DRIVE AND AVENUE A, ON THE EAST SIDE OF
AVENUE A, DESCRIBED AS THE SOUTH 64 FEET OF LOTS 3 AND 4, BLOCK 2 OF THE
WATTAM ADDITION, WITH IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, SEVERABH.ITY AND AN EFFECTIVE DATE. (Z10-0011)
WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for
approximately 0.3159 acres of land described in Exhibit "A", attached hereto and incorporated
herein by reference (hereinafter, the "Property"), from a Downtown Residential 1 (DR-1) zoning
district classification and use designation to a Downtown Residential 2 (DR-2) zoning district
classification and use designation; and
WHEREAS, on October 20, 2010, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
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 for the Property is
hereby changed from a Downtown Residential 1 (DR-1) zoning district classification and use
designation to a Downtown Residential 2 (DR-2) zoning district classification and use
designation. 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.
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.
sAlegallour documentslordinances1101z10-0011 ordinanace.doc
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. day of kainkL '2010.
MARK A. U G - AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EXHIBIT A
LEGAL DESCRIPTION
BEING 0.313 ACRE TRACT OF LAND PART OF THE E. PUCHALSKI SURVEY,
ABSTRACT NO. 996, IN DENTON COUNTY, TEXAS, AND BEING PART OF LOTS
3 AND 4, BLOCK 2, WATTAM ADDITION, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, RECORDED IN VOLUME 86, PAGE 526,
OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACT BEING
DESCRIBED AS TRACT I AND II TN A DEED FROM RUBY BAZLE THREADGILL
AND HUSBAND HASKELL A. THREADGILL TO JAMES L. MAHONEY, JR.,
RECORDED IN VOLUME 1813, PAGE 846, OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A CHAIN LINK POST FOUND FOR CORNER BEING THE
SOUTHWEST CORNER OF REPLAT OF LOTS 1 & 2, BIOCK 2 WATTAM
ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY,
TEXAS, RECORDED IN CABINET A, PAGE 38, OF THE MAP RECORDS OF
DENTON COUNTY, TEXAS, AND BEING THE NORTHWEST CORNER OF LOT 7R
BLOCK 2, REPLAT OF LOTS 7 & 8, BLOCK 2. WATTAM ADDITION, AN
ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED
IN CABINET H, PAGE 165, OF THE MAP RECORDS OF DENTON COUNTY,
TEXAS AND BEING THE NORTHEAST CORNER OF A PORTION OF LOT 6,
CONVEYED IN A DEED TO JULIE HOLMES AND JANNINE MCFARLAND,
RECORDED IN VOLUME 1116, PAGE 52.7, OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, AND BEING THE SOUTHEAST CORNER OF SAID MAHONEY
TRACT;
THENCE: SOUTH 88 DEGREES 27 MINUTES 57 SECONDS WEST, WITHIN THE SOUTH
LINE OF SAID MAHONEY TRACT AS FENCED, A DISTANCE OF 215.00 FEET, TO A
CHISELED V SET IN CONCRETE IN THE EAST RIGHT-OF-WAY LINE OF AVENUE A
BEING THE NORTHWEST CORNER OF LOT 5 AND BEING THE SOUTHWEST CORNER
OF SAID MAHONEY TRACT;
THENCE: NORTH 01 DEGREES 59 MINUTES 20 SECONDS WEST, WITH THE
WEST LINE OF SAID MAHONEY TRACT, A DISTANCE OF 65.76 FEET, TO A PK
NAIL SET FOR CORNER BEING THE SOUTHWEST CORNER OF A PORTION OF
LOTS 3 & 4, BLOCK 2 DESCRIBED IN A DEED TO NORBERTO RUI2 AND WIFE
MARIA JESUS AVITA DE RUIZ RECORDED IN VOLUME 640, PAGE 554, OF THE
DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING THE NORTHWEST
CORNER OF SAID MAHONEY TRACT;
THENCE: NORTH 89 DEGREES 41 MINUTES 00 SECONDS EAST, WITH THE
SOUTH LINE OF SAID RUIZ TRACT AS FENCED, PASSING A CHAIN LINK POST
FOUND AT A DISTANCE OF 135.92 FEET, BEING THE SOUTHEAST CORNER OF
SAID RUII TRACT, CONTINUING FOR A TOTAL DISTANCE OF 215.00 FEET, TO
A CHAIN LINK POST FOUND FOR CORNER IN THE WEST LINE OF THE REPLAT
OF LOTS 1 AND 2, BLOCK 2 WATTAM ADDITION, AN ADDITION TO THE CITY
OF DENTON COUNTY, TEXAS, RECORDED IN CABINET A, PAGE 174, OF THE
MAP RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE SOUTHEAST
CORNER OF A PORTION OF LOT 3, CONVEYED IN A DEED TO PEGGY NORRIS
RECORDED IN DENTON COUNTY CLERK'S FILE NO. 93-00825, AND BEING
THE NORTHEAST CORNER OF SAID MAHONEY TRACT;
THENCE: SOUTH 02 DEGREES 04 MINUTES 06 SECONDS EAST, WITH THE
EAST LINE OF SAID MAHONEY TRACT AS FENCED, A DISTANCE OF 61.19
FEET, TO THE PLACE OF BEGINNING CONTAINING 0.313 ACRES OF LAND
LESS AREA LOCATED WITHIN RIGHT-OF-WAY,
LOCATION MAP
EXHIBIT B