2015-101c:\users\ l 0I354idesktop\s 14�Q008.dacx
ORDINANCE NO. 2015-101
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A SPECIFIC USE
PERMIT FOR A GROUP HOME ON APPROXIMATELY 0.391 ACRES OF LAND
GENERALLY LOCATED ON THE WEST SIDE OF NORTH ELM STREET NEAR THE
INTERSECTION WITH FERGUSON STREET. THE SUBJECT PROPERTY IS
LOCATED WITHIN A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING
DISTIRCT, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (514-0008).
WHEREAS, the Allison Engineering Group, on behalf of the property owner, Denton
Bible Church ("Applicant"), has applied for a Specific Use Permit to allow a"Group Home" on
approximately 0.391 acres of land within a Downtown Commercial General (DC-G) zoning
district legally described in Exhibit "A" and depicted in Exhibit "B", attached hereto and
incorporated herein by reference (hereinafter, the "Property"); and
WHEREAS, after providing notice and after conducting a public hearing on March 11,
2015 as required by law, the Planning and Zoning Commission recommended approval (5-1) of
the Specific Use Permit; and ,
WHEREAS, after providing notice and after conducting a public hearing on April 7,
2015 as required by law, the City Council finds that the Specific Use Permit is consistent with
Denton Plan 2030 and is in the public interest; 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 Specific Use Permit to allow a"Group Home" on the Property is
hereby approved.
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 _����,�� � 2015.
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CHRIS �w'"i� 1 �, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �` ��_�' _ �..�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT A
LEGAL DESCRIPTION
0.391 ACRE
BEING all that certain lot, tract, or parcel of land situated in the B. B. B. and C. R. R.
Company Survey Abstract Number 185 in the City of Denton, Denton County, Texas,
being all that certain "Tract One" and "Tract Two" of land conveyed by deed from Terrill
Wheeler and wife, Wilma Wheeler to Jimmie Terrill Wheeler and wife, Jo Ann Wheeler
recorded in Volume 1561, Page 997, Real Property Records, Denton County, Texas,
and being all that certain tract of land conveyed by deed from Velma Brooks to Terrill
Wheeler recorded in Volume 641, Page 79, Deed Records, Denton County, Texas and
being more particularly described as follows:
BEGINNING at an iron rod found for corner in the west line of North Elm Street, a public
roadway having a right-of-way of 60.0 feet, said point being the southeast corner of that
certain "Tract One" of land conveyed by deed from Georgia Caraway and Robert J.
Caraway to Yolanda Calderon et al recorded in Volume 4513, Page 579, Real Property
Records, Denton County, Texas;
THENCE S 01° 20' 34" W, 99.93 feet with said west line of said North Elm Street to an
"X" in concrete for corner, said point being the northeast corner of that certain tract of
land conveyed by deed from Scott Apex, Ltd. to Vaughn Equities, LLC recorded under
Document Number 2006-18464, Real Property Records, Denton County, Texas;
THENCE N 89° 00' 02" W, 120.19 feet with the north line of said Vaughn Equities tract
to a 60d nail found for corner;
THENCE N 88° 47' 44" W, 52.81 feet with said north line of said Vaughn Equities tract
to an iron rod found for corner, said point being the northeast corner of that certain tract
of land conveyed by deed from Catherine May Williams et al to Joey Claire Watters
recorded under pocument Number 2011-60535, Real Property Records, Denton
County, Texas;
THENCE N 04° 59' 13" E, 49.56 feet to an iron rod found at corner, said point being the
northwest corner of that certain tract of land conveyed by deed from Terrill Wheeler to
Jimmie and Jo Ann Wheeler in Volume 1561, Page 997, recorded under pocument
number 2012-58201, Real Property Records, Denton County, Texas;
THENCE N 02° 05' 08" E, 50.44 feet to an iron rod found for corner, said point being the
southwest line of said Calderon "Tract One";
THEIdCE S 88° 56' 17" E, 169.20 feet with the south line of said Calderon "Tract One"
to the PLACE OF BEGINNING and containing 0.391 acre of land.
(Commonly known as 821 North Elm Street)
EXHIBIT B
LOCATION MAP