2009-304
sAour documents\ordinances\09\z09-0007 eagle crossing.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN COMMERCIAL GENERAL
(DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, ON 0.4 ACRES OF
LAND LOCATED ON THE EAST SIDE CLEVELAND STREET, APPROXIMATELY 152 FEET
SOUTH OF EAGLE DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $25000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0007)
WHEREAS, ERI-Carroll Eagle L.P./Jeremy Sain initiated a change in zoning for
approximately 0.4 acres of land legally described in Exhibit "A", attached hereto and incorporated
herein by reference (hereinafter the "Property") from the Downtown Residential 1 (DR-1) zoning
district classification and use designation to the Downtown Commercial General (DC-G) zoning
district classification and use designation; and
WHEREAS, on October 21, 2009, 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 the change in zoning is consistent with the
Comprehensive Plan; and; 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.
SECTION 2. The zoning district classification and use designation of the Property is hereby
changed from the Downtown Residential 1(DR-1) zoning district classification and use designation
to the Downtown Commercial General (DC-G) zoning district and use designation.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
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.
;f.
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 2009.
MARK A"B t 'ROUGHS, MAYOR
ATTEST.
JENNIFER WALTERS, CITY SECRETARY
BY: /
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY':
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Exhibit A
PROPERTY DESCRIPTION
BEING A 0.2213 ACRE TRACT OF LAND SITUATED IN THE ALEXANDER HILL SURVEY,
ABSTRACT NO. 623, DENTON COUNTY, TEXAS AND BEING A PORTION OF LOTS 10
AND 11, BLOCK B OF THE PAUL HAMILTON ADDITION AS RECORDED IN VOLUME 346,
PAGE 402 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, ALSO BEING A
PORTION OF THAT CERTAIN 3.962 ACRE TRACT OF LAND DESCRIBED IN DEED TO ERI-
CARROLL - EAGLE, L.P.AS RECORDED IN DOCUMENT NUMBER 2007-86966 OF THE
REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 0.2213 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod found for the northwest corner of said Lot 11, and the southwest
corner of Lot 12B, Block B, of the Re-plat of Lots 12B, 13B, 14B, Block B Paul Hamilton Addition
as recorded in Cabinet D. Page 118 of said Plat Records, and lying in the east right-of-way line of
Cleveland Street (60' R.O.W.);
THENCE N 88° 41' 23" E, along the east line of said Lots 11 and 12B a distance of 80.00 feet, to a
point for the northeast corner hereof,
THENCE S 00° 15' 09" E, over and across said Lots 10 and 11 a distance of 120.42 feet, to a point
in the common line of said Lot 10, and Lot 9, Block B, of said Paul Hamilton Addition, for the
southeast corner hereof,
THENCE S 88° 32' 37" W, along the common line of said Lots 9 and 10 a distance of 80:00 feet, to
a '/2 inch iron rod found at the southwest corner of said Lot 10, also being the northwest corner of
said Lot 9, and lying in the said east right-of-way line of Cleveland Street, for the southwest corner
hereof,
THENCE N 00° 15' 16" W, along the west line of said Lots 10 and 11, and the east line of said
Cleveland Street a distance of 120.62 feet, to the POINT OF BEGINNING, and containing 0.2213
acres of land more or less.
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Exhibit B
LOCATION MAP
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