2009-303
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sAour documents\ordinances\09\z09-0008(2).doc
ORDINANCE NO. ~QOGI - ,3D~3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN COMMERCIAL
GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION,
AND FURTHER RESTRICTED BY AN OVERLAY DISTRICT, ON 1.76 ACRES OF LAND
LOCATED EAST OF BONNIE BRAE ROAD, NORTH OF HICKORY STREET AND
SOUTH OF OAK STREET, IN THE CITY OF DENTON, TEXAS, DENTON COUNTY,
TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0008)
WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for
approximately 1.76 acres of land legally described in Exhibit "A" and depicted in Exhibit "B",
attached hereto and incorporated herein by reference (hereinafter, the "Property"), from a
Downtown Residential 2 (DR-2) zoning district classification and use designation to a
Downtown Commercial General (DC-G) zoning district classification and use designation; and
WHEREAS, on November 4, 2009, the Planning and Zoning Commission recommended
approval of the requested change in zoning subject to an overlay district with the following
additional restrictions (the "Overlay"):
1. Industrial uses are not permitted;
2. All residential uses require a Specific Use Permit (SUP) approval; and
3. Residential density cannot exceed 30 dwelling units per acre (DUs/ac); and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code; NOW, THERFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from Downtown Residential 2 (DR-2) zoning district classification and use
designation to a Downtown Commercial General (DC-G) zoning district classification and use
designation, as further restricted by the above-recommended Overlay district. Notwithstanding
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 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 provisions 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.
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 f
APPROVED this the J
day of ~ 32009.
MARK )k_.B. vim' HS, MAYOR
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
'I
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Exhibit A
1.76 ACRES
All that certain tract of land situated in the E. PUCHALSKI SURVEY, Abstract
Number 996, City of Denton, Denton County, Texas, and being all of Lots 4 and
5 of Oak Street Terrace, an Addition to the City of Denton; Denton County.
Texas, according to the Plat thereof, recorded in Volume 407, Page 562, of the
.Deed Records of Denton County, Texas, and being all of Lots 3, 4, 5, and 6 of
Whitten Addition, an Addition to the City of Denton, Denton County, Texas,
according to the Plat thereof, recorded in Volume 7. Page 19, of the Deed
Records of Denton County, Texas, the subject tract being more particularly
described as follows:
BEGINNING at a capped I2" iron rod set for the Southeast corner of said Lot 3, at
the Southwest corner of Lot 2 of said Whitten Addition, and in the North line of
Hickory Street.;
THENCE South 89 Degrees 58 Minutes 32 Seconds West with said North line, a
distance of 300.40 feet to a capped 1/2" iron rod found for the Southwest corner of
said Lot 5 of said Oak Street Terrace, and in the East line of Bonnie Brae;
THENCE North 00 Degrees 59 Minutes 48 Seconds East with said East line, a
distance of 131.23 feet to a Y2" iron rod found for the Northwest corner of said Lot
4 of said Oak Street Terrace; and the Southwest corner of Lot 3 of said Oak
Street Terrace:
THENCE South 89 Degrees 21 Minutes 11 Seconds East with the South line
thereof and the North line of said Lot 4, a distance of 100.12 feet to a'/2" square
iron rod found for the Northeast corner thereof, the Southeast corner of said Lot
3, and the West line of Lot 4 of said Whitten Addition;
THENCE North 01 Degrees 02 Minutes 32 Seconds East with the West line of
said Whitten Addition and the East line of said Oak Street Terrace, a distance of
190.36 feet to a capped Y2" iron rod set for the Northwest corner of said Lot 5 of
said Whitten Addition, at the Northeast corner of Lot 1 of said Oak Street
Terrace, and in the South line of West Oak;
THENCE South 88 Degrees 38 Minutes 32 Seconds East with South line thereof,
a distance of 200.33 feet to a capped '/z" iron rod set for the Northeast corner of
said Lot 6 of said Whitten Addition:
THENCE South 01 Degrees 02 Minutes 28 Seconds West with the East line
thereof, a distance of 315.58 feet to the PLACE OF BEGINNING and containing
1.76 acres of land.
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Exhibit B
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