2008-119S:Anpr documents\ordinanecsV08\z08-000 Ldoc
ORDINANCE NO. 41 ,og-/ / 9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN COMMERCIAL
GENERAL (DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION,
COMPRISING 0.255 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF
CARROLL BOULEVARD AND EAGLE DRIVE, AND LEGALLY DESCRIBED AS
PARCELS 161 AND 162 OF THE W. LOVING SURVEY (ABSTRACT 759), 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. (Z08-0001)
WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for
approximately 0.255 acres of land legally described in Exhibit A, attached hereto and
incorporated herein by reference (hereinafter, the "Property") from a Downtown Residential 1
(DR-1) zoning district classification and use designation to a Downtown Commercial General
(DC-G) zoning district classification and use designation; and
WHEREAS, on February 20, 2008, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council 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:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from Downtown Residential I (DR-1) to Downtown Commercial General (DC-
G). 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 the 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 APPROVED this the ""'day of 2008.
(54, me
PER R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY +1 ~ t XI-)
EXHIBIT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN
THE WM. LOVING SURVEY, ABSTRACT NUMBER 759, DENTON COUNTY, TEXAS,
AND BEING PART OF A CALLED TRACT 3 DESCRIBED IN A DEED TO MICHAEL R.
WEBB, RECORDED IN VOLUME 673, PAGE 239, DEED RECORDS, DENTON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE AT THE SOUTHEAST CORNER
OF PACIFIC STREET RIGHT-OF-WAY AND THE SOUTHWEST CORNER OF A CALLED
TRACT 2 DESCRIBED IN A DEED TO MICHAEL R. WEBB, RECORDED IN VOLUME
673, PAGE 239, DEED RECORDS, DENTON COUNTY, TEXAS, ON THE NORTH LINE
OF SAID TRACT 3;
THENCE SOUTH, A DISTANCE OF 119.01 FEET TO A SET PK NAIL ON THE SOUTH
LINE OF SAID TRACT 3 IN WEST EAGLE DRIVE;
THENCE WEST WITH THE SOUTH LINE OF SAID TRACT 3, A DISTANCE OF 20.03
FEET TO A SET PK NAIL AT THE SOUTHWEST CORNER OF SAID TRACT 3 IN WEST
EAGLE DRIVE;
THENCE NORTH WITH THE EAST LINE OF SAID CITY OF DENTON TRACT (VOL. 595,
PG. 96) AND THE WEST LINE OF SAID TRACT 3, A DISTANCE OF 119.01 FEET TO A
1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"
SET FOR CORNER ON THE EAST LINE OF SAID CITY OF DENTON TRACT (VOL. 595,
PG. 96) AND THE WEST LINE OF SAID TRACT 3;
THENCE NORTH 89 DEGREES 52 MINUTES 46 SECONDS WEST WITH THE SOUTH
RIGHT-OF-WAY LINE OF PACIFIC STREET AND THE NORTH LINE OF SAID TRACT 3,
A DISTANCE OF 20.03 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.055
ACRES OF LAND.
AND
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN
THE WM. LOVING SURVEY, ABSTRACT NUMBER 759, DENTON COUNTY, TEXAS,
AND BEING PART OF A TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON,
RECORDED IN VOLUME 766, PAGE 783, DEED RECORDS, DENTON COUNTY, TEXAS,
AND PART OF A TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON,
RECORDED IN VOLUME 595, PAGE 96, DEED RECORDS, DENTON COUNTY, TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE AT THE SOUTHEAST CORNER
OF PACIFIC STREET RIGHT-OF-WAY AND THE SOUTHWEST CORNER OF A TRACT 2
DESCRIBED IN A DEED TO MICHAEL R. WEBB, RECORDED IN VOLUME 673, PAGE
239, DEED RECORDS, DENTON COUNTY, TEXAS, ON THE NORTH LINE OF A TRACT
3 DESCRIBED IN A DEED MICHAEL R. WEBB, RECORDED IN VOLUME 673, PAGE
239, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 52 MINUTES 46 SECONDS WEST WITH THE SOUTH
RIGHT-OF-WAY LINE OF PACIFIC STREET AND THE NORTH LINE OF SAID TRACT 3,
A DISTANCE OF 20.03 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP
STAMPED "METROPLEX 1849" SET AT THE SOUTHWEST CORNER OF PACIFIC
STREET RIGHT-OF-WAY AND THE NORTHWEST CORNER OF SAID TRACT 3, SAID
PIN ALSO BEING AT THE SOUTHEAST CORNER OF SAID CITY OF DENTON TRACT
(VOL. 766, PG. 783), AND THE NORTHEAST CORNER OF.SAID CITY OF DENTON
TRACT (VOL. 595, PG. 96);
THENCE SOUTH WITH THE EAST LINE OF SAID CITY OF DENTON TRACT (VOL. 595,
PG. 96) AND THE WEST LINE OF SAID TRACT 3, A DISTANCE OF 95.56 FEET TO A 1/2
INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET
FOR CORNER ON THE EAST LINE OF SAID CITY OF DENTON TRACT (VOL. 595, PG.
96) AND THE WEST LINE OF SAID TRACT 3;
THENCE SOUTH 89 DEGREES 51 MINUTES 16 SECONDS WEST, A DISTANCE OF 5.97
FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED
"METROPLEX 1849" SET FOR CORNER;
THENCE NORTH 44 DEGREES 50 MINUTES 21 SECONDS WEST, A DISTANCE OF
42.20 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED
"METROPLEX 1849" SET FOR CORNER AND BEING THE BEGINNING OF A CURVE
TO THE LEFT;
THENCE WITH SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 04
DEGREES 40 MINUTES 16 SECONDS, A RADIUS OF 1990.62 FEET, AN ARC LENGTH
OF 162.29 FEET, AND A CHORD BEARING NORTH 02 DEGREES 18 MINUTES 15
SECONDS WEST, A DISTANCE OF 162.24 FEET TO A 1/2 INCH IRON PIN WITH A
YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR CORNER ON THE
NORTH LINE OF SAID CITY OF DENTON TRACT (VOL. 766, PG. 783) AND THE
SOUTH LINE OF A TRACT DESCRIBED IN A DEED TO DALE AND CRAIG ERWIN,
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 03-188966, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 40 MINUTES 45 SECONDS EAST WITH THE NORTH
LINE OF SAID CITY OF DENTON TRACT (VOL. 766, PAGE. 783) AND THE SOUTH
LINE OF SAID IRWIN TRACT, A DISTANCE OF 62.49 FEET TO A 1/2 INCH IRON PIN
WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET ON THE EAST
RIGHT-OF-WAY LINE OF PACIFIC STREET AND THE WEST LINE OF A TRACT
DESCRIBED IN A DEED TO MICHAEL R. WEBB, RECORDED IN VOLUME 631, PAGE
527, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 07 MINUTES 14 SECONDS WEST WITH THE EAST
RIGHT-OF-WAY LINE OF PACIFIC STREET, A DISTANCE OF 96.86 FEET TO THENCE
POINT OF BEGINNING AND CONTAINING IN ALL 0.200 ACRES OF LAND.
EXHIBIT B
r,
Feet
0 45 90 180 270 360