2007-106` s:\our dceumcnts\ordinances\0707-OOOA.dac
ORDINANCE NO. a?D~J~-~D~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT TO A
DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT WITH AN OVERLAY
CONDITION, THE AREA PROPOSED FOR ZONING CHANGE ENCOMPASSING 3.319
ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF CARROLL BOULEVARD
AND EAGLE DRIVE INTERSECTION AND LEGALLY DESCRIBED AS TRACTS 216, 217,
218, 219, AND 220 OF THE A. HILL SURVEY, ABSTRACT NUMBER 623, 1N THE CITY OF
DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILffY AND AN
EFFECTIVE DATE. (Z07-0008)
WHEREAS, Elk River Investments, Inc., has applied for a change in zoning for
approximately 3.319 acres of land 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 April l I , 2007 the Planning and Zoning Commission recommended approval
of the requested change in zoning, with an overlay condition requiring the construction of a fence;
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 ofthe property is hereby
changed 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 for
3.319 acres of land more particularly described in Exhibit "A" and depicted in Exhibit B, which are
attached hereto and incorporated herein by reference (the "Property"). Notwithstanding the above
real property description, the property being rezoned includes all property to the centerline of all
adjacent street rights-of--way. This zoning classification and use of designation is further restricted
by an overlay condition, requiring construction of a fence with a minimum height of eight (8) feet on
the western boundary of the property, separating the subject site from the adjacent residential
properties.
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 ofthis ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date ofits
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 ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~~~ay of , 2007.
. " I ~ ~w
PERR . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
`;
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APPROVED AS TO LEGAL FORM:
EXHIBIT A
LEGAL DESCRIPTION
BEING A 3.319 ACRE TRACT OF LAND STTUATED IN THE A. HILL SURVEY ABSTRACT
NUMBERb23, DENTON COUNTY, TEXAS AND BEING ALL OF THOSE CERTAIN TRACTS OF
LAND DESCRIBED IN DEED TQ, VPS PARTNERS, I,TD, AS RECORDED IN DOCUMENT NO'S.
99-0113805, 99-0113306, 99-O113809, 99-0113R10 AND 99-0] 13812, OF THE REAL PROPERTY
RECORDS OF DINTON COUNTY, TEXAS. SAID.3.3I9 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
BEGINNING. at a point in the north line of Collins Street and being the southeast comer of Lot 1, Block
B of the Final Plat of Paul Han»Iton Addition, as recorded in Volume 346, page 402 of the Plat Records
of Denton County, Texas, also being the southwest comer of said tract described in Document
No 99-01 i3R12of said Real Property Records of Denton County, Texas;
TFIENCE N 00° 0T 23" W, along the east line of said Paul Hamilton Addition, a distance of 54C>.04 fee[,
to a pointforcomer,
THENCE N 00° 14' 47" W, continuing along the~east line of said Paul Hamilton Additions distance of
59.88 feet, to a paint for comer,
THENCE N Ol° 14' l4' W, a distance of 65.53 feet, to a point Cor comer, lying in the cast line of Lot
l4B as described in the Rc-Plat of Lots 12B, l3B and 14B, BLOCK B of Paul Hamilton Addition as
recorded inCabine[ D, Page 118 of said Pla[.Records,
THENCE N UI°Z4' 40" W, along said Lo[ l4B a distance of 131.81 feet, to a point for the northwest
comer hereof and lying in the south line of Eagle Drive;
THENCE S 8R° 59' 30" E, along the south line of said Eagle Strectlhc north line of that called 1.0753
acre tract as described in said Document 99-0113809 a distance of 40.87 feet, tos point for comer,
THF,NCE S 4R° 35'50" E, continuing along the north line of said 1.0753 acre tracts distance of 55.06
feet, to a point for comer and being at the intersection of the south-line of said EagleStrectand the west
line of Carroll Boulevard, said comer also being the beginning of anon-tangent curve to the 1cRltaving a
radius of1482.39 feet, a central angle of 16° IU' 34" a chord which bears S 15° 59' Si" E.and a chord
distance of 417.13 feet;
THENCE along said non-tangent curve to the IcR an arc length of 418.52 feet, to a point for comer;
THENCE S 24° 04' S4" E, continuing along said west lint oCCarroll Boulcvazda distance of 198.42
feet, to a point for corner,
THENCE-S OU° OU' 00" E, a distance of 183.94 feet, to a point for the southeast comei hereof also lying
in the north line of said Collins Strcct; ,
THENCE N 90° 00' 00" W, along the north line of Co]lins Street a distance of 272.00 feet„ to the
POINT OF BEGINNING and contairting 3.319 acres of land more or Icss.
'This document was prepared tinder 22 TAC 663.21, does not reflect the resttlts of an on the
ground stuvey, and is not to be used to wnvey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
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EXHIBIT B
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