2007-019
S:\OUf Documents\Ordinances\07\Z06-0003.doc
ORDINANCE NO. 2007-0/Q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE OF 2.0 ACRES FROM REGIONAL CENTER COMMERCIAL
NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D)
WITH AN OVERLAY DISTRICT GENERALLY FRONTING 310.12 FEET ON THE
WEST SIDE OF INTERSTATE 35N (I-35N) BEGINNING AT A POINT
APPROXIMATELY 1,500 FEET NORTH OF SCHUYLER DRIVE AND LEGALLY
DESCRIBED AS BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND
SITUATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NO. 43 IN THE
CITY OF DENTON, DENTON COUNTY, TEXAS BEING A PART OF A CALLED
12.0008 ACRE TRACT, AS DESCRIBED IN A DEED TO MARY BESS MILLER
AND J. A. MILLER, RECORDED IN COUNTY CLERK'S FILE NUMBER 99-
ROOOI872, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z06-0003)
WHEREAS, Mike Semrau representing the owner, Mary Bess Miller, initiated a
change in zoning for approximately 2.0 acres of land particularly described in Exhibit
"A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from
Regional Center Commercial Neighborhood (RCC-N) to Regional Center Commercial
Downtown (RCC-D) zoning districts and use designations; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the Overlay District, is consistent
with the Comprehensive Plan; and
b. The Overlay District will protect and enhance the Property and
surrounding area which are distinct from lands and structures outside
of the Overlay District and the immediate neighborhood; and
c. . The regulations imposed in the Overlay District serve important and
substantial public interests by preserving the integrity of the
neighborhood surrounding the Overlay District; and
WHEREAS, on December 6, 2006, the Planning and Zoning Commission
concluded a public hearing as required by law, and recommended approval of the
requested change in zoning subject to an O~erlay District; 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:
S:\Our Documents\Ordinances\07\Z06-0003.doc
SECTION I. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The zoning district classifications and uses designations of the
Property is hereby changed from Regional Center Commercial Neighborhood (RCC-N)
zoning district classification and use designation to Regional Center Commercial
Downtown (RCC-D) zoning district and use designation with an overlay stating:
I. All display areas along the frontage of 1-35 must be a minimum of 50' deep
and constructed of concrete.
2. A landscaped screening hedge a minimum of three feet in height must be
planted and maintained along the 1-35 service road frontage.
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 'lny 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. That 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 th~ 2.3daay of rJintLarv , 2007.
(
o;i;u ~
PERRYR. MCNEILL, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~~)Uf" Jfl1tA4/
S:\Our Documents\Ordinances\07\Z06-0003.doc
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
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S:\Our Documents\Ordinances\07\Z06-0003.doc
EXHIBIT "An
S:\Our Documents\Ordinances\07\ZQ6-0003.doc
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND
BEING SITUATED IN THE FRANCIS BATSON SURVEY, ABSTRACT
NUMBER 43, AND BEING A PART OF A CALLED 12.008 ACRE
TRACT DESCRIBED IN A DEED TO MARY BESS MILLER AND JA
MILLER, RECORDED IN COUNTY CLERK'S FILE NUMBER
99-ROO0l872, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS, DENTON COUNTY, TEXAS, AND BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 12 INCH IRON ROD AT THE SOUTHWEST
CORNER OF LOT 1, BLOCK A, 1-35 RV CENTER, RECORDED IN
CABINET U, PAGE 542, PLAT RECORDS OF DENTON COUNTY,
TEXAS AND BEING IN THE EAST LINE OF A TRACT DEEDED TO
DAVID ANGLE, RECORDED IN VOLUME 3]58, PAGE 372, REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 50 MINUTES 00 SECONDS EAST,
WITH THE SOUTH LINE OF SAID LOT I, 1-35 RV CENTER, A
DISTANCE OF 270.90 FEET TO A YzlNCH IRON ROD FOUND WITH
A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE
SOUTHEAST CORNER OF SAID LOT I, IN THE WEST RIGHT-OF
WAY LINE OF INTERSTATE HIGHWAY 35;
THENCE SOUTH 03 DEGREES 39 MINUTES 08 SECONDS EAST
WITH THE EAST LINE OF SAID MILLER TRACT AND THE WEST
RIGHT-OF WAY LINE OF SAID INTERSTATE HIGHWAY 35, A
DISTANCE OF 310.12 FEET TO A Yz INCH IRON ROD SET WITH A
YELLOW PLASTIC CAP STAMPED METROPLEX 1849;
THENCE SOUTH 89 DEGREES 50 MINUTES 00 SECONDS WEST, A
DISTANCE OF 292.00 FEET TO A 12 INCH IRON ROD SET WITH A
YELLOW PLASTIC CAP STAMPED METROPLEX 1849 FOR
CORNER IN THE WEST LINE OF SAID MILLER TRACT SAME
,.. . --.. .. ..... .... . .... ..,
BEING THE EAST LINE OF SAID ANGEL TRACT;
THENCE NORTH 00 DEGREES 15 MINUTES 00 SECONDS EAST
WITH THE WEST LINE OF SAID MILLER TRACT AND THE EAST
LINE OF SAID ANGEL TRACT, A DISTANCE OF 309.55 FEET TO
THE POINT -OF-BEGINNING, AND CONTAINING IN ALL 2.000
ACRES OF LAND.
S:\Our Documents\Ordinances\07\Z06-0003.doc
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