2009-305
sAour documents\ordinances\09\z08-0020 eagle crossing.doc
IN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE 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,
COMPRISING 0.42 ACRES OF LAND LOCATED SOUTH OF EAGLE DRIVE, EAST OF
CLEVELAND STREET AND WEST OF CARROLL BOULEVARD, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE. (Z07-0023)
WHEREAS, ERI-Carroll Eagle L.P./Jeremy Sam initiated a change in zoning for
approximately 0.42 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 February 4, 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; 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 uses designation of the Property is hereby
changed from the Downtown Residential I (DR-1) zoning district classification and use designation
to the Downtown Commercial General (DC-G) zoning district classification 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.
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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~OtGHS, MAYOR
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ATTEST:
JENNIFER. WALTERS, CITY SECRETARY
BY:
1
9," 1 IF
APPROVED AS TO LEGAL FORM:
ANITA BURGER CI_T-Y-AT'F
B-
Exhibit A
PROPERTY DESCRIPTION
BEING A 0.4202 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 403 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 0.4202 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;
THENCE S00°00'08 "E, along the east line of said Lots 10 and 11 a distance of 120.04 feet, to a 1/2
inch iron rod found for the southeast corner of said lot 10 also being the northeast corner of Lot 9,
Block A OF SAID Paul Hamilton Addition and being an interior ell corner of said 3.962 acres;
THENCE S88°32'37"W, along the common line of said Lots 10 and 9 a distance of 152.03 feet, to a
point for the southwest corner hereof,
THENCE N0001 3'45"W, over and across said Lots 10 and 11 a distance of 120.42 feet, to a point
for the northwest corner hereof corner;
THENCE N88°41'23"E, along the north line of said Lot 11 a distance of 152.50 feet, to the POINT
OF BEGINNING, and containing 0.4202 acres of land more or less.
Exhibit B
LOCATION MAP
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