2014-189s:\legal\our documents\ordinances\14�z14-0007 ordinance.docx
•�
�. � . � � � •
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR �� ZONTNG
CHANGE FROM A DOWNTOWN RESIDENTIAL 2(DR-2) ZONING .'�ISTRICT
CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN COIVCMERCIAL
GENERAL (DGG) ZONING DISTRICT CLASSIFICATION AND USE DESIGNA'TION; ON
APPROXIMATELY 0.184 ACRES, LOCATED ON SOUTH SIDE OF WEST OAK STREET
APPROXIMATELY 104 FEET WEST OF THE INTERSECTION OF WE5T 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, an behalf of CVS Pharmacy, has applied for a change in
zoning for approximately 0.184 acres of land legally described in Exhibit "A99y attached herrto
and incorporated herein by reference (hereinafter, the 66Property99) from a Downtawn Residential
2(DR-2) zoning district classification and use designation ta a Downtown Commerc.ial General
(DC-G) zoning district classification and use designation; and
WHEREAS, on April 23, 2014, the Planning and Zoning Cammission recommended
approval of the requested change in zoning; and
WHEREAS, on June 3, 2014, the City Council cancluded 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.ON 1. The findings and recitations contained in the preamble of this ardinance are
incarporated herein by reference as true.
SECTION 2. The zaning district classificatian and use designatian for the Property is
hereby changed from Dawntown Residential 2(DR-2) ta Downtown Cammercial General (DC-
G). Natwithstanding 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 C�eSlgriatlOri.
SECTION 4. If any provision of this ardinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of ather
provisions or applicatians, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upan
canviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ardinance
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 ta cause the caption of this ardinance to be
published twice in the Dentan Record-Chronicle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
.��_
I'A�S�I� ,�T�«I� ��'�'i��L`�1�� tl�i5 �}�� ������cl�v �a�` ,, ,� �;� �� , �41��.
r �w._.. �
j*� �
�` � �� � p� ✓�� .�_
r r :
CHRIS WA G'�I'S, MAYOR �
.
. , . • .•
�.
. ••• � � . v
. ��
..;
EXHIBIT A
LEGAL DESCRIPTION
PROPERTY DESCRIPTION
TRACT 1
STATE OF TEXAS §
COUNTY OF DENTON §
BEING a tract of land sltuated In the E. PUCHALSKI Survey, Abatract 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 Flle 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 safd FSB/Denton trect, sald"X" cut
being situated in the south right-0f-way line of West Oak Street (80' right-of-way), and being South 89
deg 30 min 02 sec West, a diatance of 97.01 feet from the intersection of the south right-0f-way Ilne of
said West Oek Street and the west rlght-of-way Ifne of North Avenue B(80' right-0f-way);
THENCE South 00 deg 12 min 01 sec West, departing said south right-of-way Ilne, a distance of 160.01
feet to a 1/2 Inch iron rod with red plastic cap stemped "WAI" set for corner from which a 3!B inch iron rod
found bears North 31 deg 15 min 09 sec West, a distance of 1.61 feet, sald Iron rod being the southeast
corner of aforementioned FSBIDenton 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, sald Iron rod
being the sauthwest corner of said FSBIDenton tract;
THENCE North 00 deg 12 min 01 sec East, departing sald south line, e dlstance of 160.01 feet to a 1/2
inch iron rod wlth red plastic cap stamped "WAI" set for corner, sald Iron rod being the northwest corner of
sald FSBIDenton tract and befng situated in the south right-of-way Ilne of aforementloned West Oak
Street;
THENCE North 69 deg 30 min 02 sec East, along the north line of seid F5B/Denton tract and the south
right-of-way Ilne of sald West Oak Street, a dletance of 50.00 feet to the POINT OF BEGINNING.
CONTAINING within theae 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 Ifne of West Oak Street.
PAGE 3