2007-151
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ORDINANCE NO. ~?DO ~ ~5~
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; THE AREA FOR ZONING CHANGE
ENCOMPASSES 2.962 ACRES OF LAND LOCATED NORTH OF EAGLE DRNE, EAST OF
PACIFIC STREET AND W EST OF MYRTLE STREET AND LEGALLY DESCRIBED AS TRACTS
163, 164, 165, 166, 167, 168, 176, 177, 178, 179, 180 and 181 OF THE WM. LOVING SURVEY,
ABSTRACT NUMBER 759, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTNE DATE. (Z07-0012)
WHEREAS, Carroll-Eagle Partner, LP, has applied for a change in zoning for approximately
2.962 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 July 27, 2007 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 is hereby changed from
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 2.962 acres of land,
depicted in Exhibit "B", attached hereto and incorporated herein by reference, and more particularly
described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property").
Notwithstanding the above real property description, the property being rezoned includes al I property to
the centerline of all adjacent street rights-of--way.
SECTION 3. The City's official land use snap 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 ofotherprovisions
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 $2,000.00. Each day that a provision of this ordinance is violated shall
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constitute a separate and distinct offense.
SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaperpublished in the City ofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~ -day of , 2007.
~ c ~~
PERRY cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B i ~
APPROVED AS TO LEGAL FORM:
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EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING
SITUATED fN THE WM. LOVING SURVEY, ABSTRACT NUMBER 759,
DENTON COUNTY, TEXAS, AND BEING ALL OF A CALLED 0.286 ACRE
TRACT DESCRIBED IN A DEED TO JAMES AND SUSAN PIPPIN, RECORDEC
IN VOLUME 3412, PAGE 145, REAL PROPERTY RECORDS , DENTON
COUNTY, TEXAS, ANp BEING ALL OF A CALLED 0.294 ACRE TRACT
DESCRIBED IN A DEED TO CARROLL B. PIPPIN, JR. ET UX, RECORDED IN
VOLUME 3420, PAGE 962, REAL PROPERTY RECORDS, DENTON GOUNTY,
TEXAS, AND BEING ALL OF A TRACT DESCRIBED IN A DEED TO JAMES I
MOODY PIPPIN ET UX, RECORDED IN VOLUME 3420, PAGE 960, REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL OF A
TRACT 7W0 DESCRIBED IN A DEED TO J.E. PIPPIN ET UX, RECORDEO IN
VOLUME 520, PAGE 60$, DEED RECORDS, DENTON COUNTY, TEXAS, AND
BEING A PART OF A TRACT DESCRIBED IN A DEED TO GLENODINE S. '
PIPPIN, RECORDED IN VOLUME 1378, PAGE 705, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, AND BEING ALL OF A TRACT OF
LAND DESCRIBED IN THE DEED TO MICHAEL R. WEBS, RECORDED IN
TEOXAS, AND BEANG ALL OF A TRACT OF LAND DESCRIBED iNOTHETDEED
TO MICHAEL R. WEBB, RECORDED IN VOLUME 629, PAGE 374 OF THE i
OF LAND DESCRIBED NOTHE DEED TO M CHAELDREWEBBLRECORDEDCN
VOLUME 631, PAGE 527 OF THE DEED RECORDS, DENTON COUNTY,
TEXAS, AND BEING ALL OF TRACTS 1,2 3, AND 4 DESCRIBED IN THE
DEED TO MICHAEL R. WEBB, RECORDED IN VOLUME 673, PAGE 239 OF
THE DEED RECORDS, DENTON COUNTY, TEXAS, ANO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND 1!2 INGH IRON PIN A7 THE AT THE NORTHWEST
CORNER OF SAID x.294 ACRE TRACT AND THE SOUTHWEST CORNER OF
A TRACT DESGRIBED IN A DEED TO DAVID E. HEASLEY ET UX,
RECORDED IN VOLUME 1325, PAGE 846, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS, AND BEING ON THE EAST UNE OF PACIFIC
STREET;
THENCE NORTH 87 DEGREES 21 MINUTES 35 SECONDS EAST WITH THE
NORTH LINE OF SAID 0.294 ACRE TRACT AND THE SOUTH LINE OF SAID
HEASLEY TRACT, A DISTANCE OF 179.34 FEET TO A SET 112 INCH IRON
PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPIEX 1849" AT THE
NORTHEAST CORNER OF SAID 0.294 ACRE TRACT AND THE SOUTHEAST
CORNER OF SAID HEASLEY TRACT, AND BEING ON THE WEST LINE OF
SAID TRACT DESCRIBED IN A DEED TO JAMES MOODY PIPPIN ET UX;
PAGE 3
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THENCE NORTH 00 DEGREES 38 MINUTES 23 SECONDS EAST, WITH THE
EAST LINE OF SAID HEASLEY TRACT AND THE WEST LINE OF SAID i
TRACT DESCRIBED IN A DEED TO JAMES MOODY PIPPIN ET UX, A
DISTANCE OF 12.82 FEET TO A FOUND 5/8 INCH IRON PIN AT THE I
NORTHWEST CORNER OF SAID JAMES MOODY PIPPIN TRACT AND THE
SOUTHWEST CORNER OF A CALLED 0.201 ACRE TRACT DESCRIBED IN A
DEED TO CAMILA MARTINEZ ET ViR, RECORDED IN DOCUMENT NUMBER
2005-94711, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE NORTH 88 DEGREES 53 MINUTES 28 SECONDS EAST WITH THE
NORTH LINE OF SAID JAMES MDODY PIPPIN TRACT ANO THE SOUTH
UNE OF SAID 0.201 ACRE TRACT, A DISTANCE OF 175.98 FEET TO A ~
FOUND 112 INCH IRON PW AT THE NORTHEAST CORNER OF SAID JAMES
MOODY PlPPW TRACT AND THE SOUTHEAST CORNER OF SAID ~
MARTINE2 TRACT, BEING ON THE WEST LINE OF MYRTLE STREET;
THENCE SOUTH 00 DEGREES 19 MINUTES O6 SECONDS EAST WITH THE.
WEST LINE OF MYRTLE STREET, PART OF THE WAY WITH THE EAST LINE
OF SAID JAMES MOODY PIPPIN TRACT PASSING THE SOUTHEAST i
CORNER THEREOF, CONTINUING PART OF THE WAY WITH THE EAST
LINE OF SAID J.E. PIPPIN TRACT PASSING THE SOUTHEAST CORNER
THEREOF, AND CONTINUING WITH THE EAST LINE OF SAID GLENODINE
S. PIPPIN TRACT, A TOTAL DISTANCE OF 159.97 FEET TO A SET 1J2 INCH I
IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" AT
THE SOUTHEAST CORNER OF SAID GLENODINE PIPPIN TRACT AND THE
NORTH LINE OF SAID GALLED TRACT 1, DESCRIBED IN A DEED TO
MICHAEL R. WEBS, RECORDED IN VOLUME 673, PAGE 239, DEED
RECORDS, DENTON COUNTY, TEXAS;
THENCE EAST WITH THE NORTH LINE OF A SAID TRACT 1, A DISTANCE
OF 5.69 FEET TO A SET PK NAIL AT THE NORTHEAST CORNER OF SAID
WEBB TRACT 1 (673,239) SAID PK NAIL BEING IN MYRTLE STREET;
,
THENCE SOUTH PART OF THE WAY WITH THE EAST LINE OF SAID WEBB
TRACT 1 {673,239} PASSING THE SOUTHEAST CORNER THEREOF,
CONTINUING PART OF THE WAY WITH THE EAST LINE OF SAID WE88
TRACT (629,374) PASSING THE SOUTHEAST CORNER THEREOF
CONTINUING WITH THE EAST LINE OF SAID WEBB TRACT (626,474} A
TOTAL DISTANCE OF 164.00 FEET TU A SET PK NAIL AT THE SOUTHEAST
CORNER OF SAID WEBB TRACT (626,474) AND THE NORTHEAST CORNER
OF A TRACT DESCRIBED IN A DEED TO CARLOS MEZA RECORDED
UNDER COUNTY CLERK'S FILE NUMBER 03-37477 OF THE REAL
PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID PK NAIL BEING !N
MYRTLE STREET;
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THENCE WEST WITH A SOUTH LINE OF SAID WEBS TRACT (62fi,474) AND
THE NORTH LINE OF SAID MEZA TRACT A DISTANCE OF 168.00 FEET,TO
A SET 1!2" IRON PIN WITH A YELLOW PLASTIC CAP STAMPED
"METROPLEX 1849" AT THE SOUTHWEST CORNER OF SAID WEBB TRACiT
(626,474) AND THE NORTHWEST CORNER OF SAID MEZA TRACT, SAID
PIN BEING ON THE EAST LINE OF, SAID WEBB TRACT 4 (673,239);
THENCE SOUTH WITH AN EAST LINE OF SAID WEBB TRACT 4 (673,239)
AND PART OF THE WRY WITH THE WEST LINE OF SAID MEZA TRACT
PASSING AT 60.00 FEET THE SOUTHWEST CORNER THEREOF,
CONTINUING A TOTAL DISTANCE OF 76.44 FEET TO A.SE7 PK NAIL AT
THE SOUTHEAST CORNER OF SAID WEBB TRACT 4 (673,239), SAID NAIL
BEING IN WEST EAGLE DRIVE;
THENCE WEST PART OF THE WAY WITH THE SOUTH LINE OF SAID WEBB
TRACT 4 (673,239) PASSWG THE SOUTHWEST CORNER THEREOF
CONTINUING WITH THE 50UTH LINE OF SAID WEBB TRACT 3 {673,239) AI
TOTAL DISTANCE OF 212.41 FEET TO A SET PK NA1L AT THE SOUTHWEST
CORNER OF SAID WEBB TRACT AND THE SOUTHEAST CORNER OF A ~
TRACT DESCRIBED IN A DEED TO CITY OF DENTON RECORDED IN i
VOLUME 595, PAGE 96 OF THE DEED RECORDS, DENTON COUNTY,
TEXAS SAID PK NAIL BEING IN WEST EAGLE DRIVE;
THENCE NORTH WITW THE WEST LINE OF SAID WEBB TRACT 3 (673, 239}.
A DISTANCE OF 119.05 FEET TO A SET U2" IRON PIN WITH A YELLOW
PLASTIC CAP STAMPED "METROPLEX 1849" AT THE NORTHWEST
CORNER OF SAID WEBB TRACT 3 (673,239} AND THE NORTHEAST i
CORNER OF SAID CITY OF DENTON TRACT (595, 96};
THENCE SOUTH 89 DEGREES 52 MINUTES 46 SECONDS EAST WITH THE
NORTH LINE OF SAID WEBB TRACT 3 (673,239) A DISTANCE OF 20.03
FEET TO A FOUND 1!2" IRON PIN AT THE SOUTHWEST CORNER OF SAID
WEBB TRACT 2 (673,239);
THENCE NORTH 00 DEGREES 07 MINUTES 14 SECONDS EAST PART OF
THE WAY WITH THE WEST LINE OF SAID WEBS TRACT 2 {673,239)
PASSING THE NORTHWEST CORNER THEREOF CONTINUING WITH THE
WEST LINE OF SAID WEBB TRACT {631,527) AND THE EAST LINE OF
PACIFIC STREET A TOTAL DISTANCE OF 117.98 FEET TO A FOUND
INCH IRON PIN AT THE NORTHWEST CORNER OF SAID WEBB {631,527),
BEING THE SOUTHWEST CORNER OF SAID CALLED 0.286 ACRE TRACT
DESCRIBED IN A DEED TO JAMES ANO SUSAN PIPPIN;
THENCE NORTH 00 DEGREES 34 MINUTES 04 SECONDS WEST, WITH THE
WEST LINE OF SAID CALLED 0.286 ACRE TRACT DESCRIBED IN A DEED
TO JAMES AND SUSAN PIPPIN AND THE EAST LINE OF PACIFIC STREET,
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A DISTANCE OF 69.72 FEET 70 A FOUND % INCH IRON PIN AT THE
NORTHWEST CORNER OF SAID 0.286 ACRE JAMES AND SUSAN PIPPIN •:
TRACT, BEING 7HE SOUTHWEST CORNER OF SAID 0.294 ACRE TRAGT TO
CARROtL B. PIPPIN, JR, ET UX;
THENCE NORTH 00 DEGREES 49 MINUTES 36 SECONDS WEST, WITH;THE
WEST LINE OF SAID 0,294 ACRE TRACT TO CARROLL B. PIPPIN, JR. ET UX
AND THE EAST LINE OF PACIFIC STREET, A DISTANCE OF 69.22 FEET TQ
THE POINT OF BEGINNING AND CONTAINING IN ALL 2.962 ACRES OF
LAND.
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EXHIBIT B
PAGE 7
0 87.5 175 350 525 700
Feet