2005-322
S :\Our Documents\Ordinances\05\Z05-00 1 O.doc
ORDINANCE NO. 2. () () 5- 322.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE EXPANSION
OF A SPECIAL EXCEPTION ONTO AN ADJOINING LOT, APPROXIMATELY 2.18 ACRES IN
SIZE, AND GENERALLY LOCATED 370 FEET WEST OF FORT WORTH DRIVE AND 300
FEET NORTH OF LINDSEY STREET IN DENTON, TEXAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Z05-00l0)
WHEREAS, Mr. Bill Payne initiated an expansion ofa special exception onto an adjoining
lot approximately 2.18 acres ofland more particularly described in Exhibit "A", attached hereto, and
incorporated by reference (the "Property"); and
WHEREAS, on September 14,2005, the Planning and Zoning Commission recommended
approval of the requested special exception expansion; and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and
the Denton Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference;
SECTION 2. That the zoning district classification and use designation of the Property is
hereby amended to permit self-service storage as a special exception;
SECTION 3. That ifanyprovision ofthis 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 4. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00, each day of violation constituting a separate and
distinct offense; and
SECTION 5. 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 the lib/it dayof t!2r?ilJu
,2005.
C~~L
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWINM.SNYDER,~~
~
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KXlllBIT "A"
Whereas, Bill C. Payne is th'e sote owner at. ell thet certain tract of parcel of. land situated in the Alexander Hill Survey.
Abstract Number 623, City of Denton. Denton .County, Texas, .and being a port of 0 'colled 12.9Bl acre troct of land
described in a deed from Denton 377-13 Joint Venture to Rill C. Payne as'recorded in Volume 940. Paqe 974, Ueed
Records of Denton County, "Texas. and being more porticulorty described as tollows:
'Beginning at ,0 1/2". capped iron rod sel at the. southwest corner of said 12.981 acre. tract cnd al.the norlhwt":;;t (;0rner af
o called 2.382 acre tract" of lond described in o. deed to George C. Gaen, III os recorded in County Clerk's fHe NurnDer
94 -R0081680. Real Property.Records of Denton -County, -Texos;
Thence North 00 Degrees. 09 Mirutes' 02 Seconds East with the west .Iine of said 12.981 acre tract, a distanc,:, ~i .396.63
feet to 0 1/2" capped iron rod "set for the north we sf corner of the herein described tract; .
Thence South 89 Degrees .38 Minutes 56 Seconds East, a distance of 248.48 leet to 0 1/2" capped iron rod set .,i [ht:
northeast corner of the herein described tract in the east line of said 12.981 acre tract and in the west line 01 Lot' 1,
I3lockA of Payne Addition. on addition to .the City of Denton, Denton. County._ Texas, according to the PICl Ihr>.rpol record ell
in Cabinet R. Page 311, Plot Records of Denlon'County; Texas;
Thence South 02 Degrees '21 Minutes 33 Seconds We:.t with the said eost line and with _the said west' line. -:: :Iis(once 01
188.96 teet to 0 1/2" capped iron' rod found at the southwest corner of said Lot I and. at the norlhwest cnmt:" ,Ji 0
called 0.6838 'ocre tract of lond described in 0 deed to Hoop's Machine &: Welding. Inc. os recorded in Voiurne ~~ 15. Page
59. Real Property Records of Denton County, .Texas;
Thence Sout.h 02 Degrees 18 Minutes 36 Seconds West with the west line of said 0.8838 acre lroct. 0 distllr1u: "f 1 Or! 2::
feel to C1 1/2" copped -iron.'rod set for corner ot the southwest corner of said O.8838ocre tract 'ond at lh~ :Hlri!lwes;
corner of 0 caUed 0.35 acre tract of land described in a deed to Warren Ferrill os recorded ,in County C!er~.'5 nie Numbe(
95..,..R0031820, Real Property Records 01 Denton County, Texas:
Thence South 00 Degrees 39 Minutes 24 ,Seconds Weit with the west line 01 said 0.35 acre troct,- a distance n; :.)(;.:~
feet to a 1/2" copped iron rod set for the southwest cornero! said 0.35 acre troct and at the southeast CCffler O' :l(lIC
12.981 acre tract:
Thence South 89 Degrees 'OJ Minutes OJ Seconas West with the south line at said 12.981 acre. tract. c dlf;!o:lce 'j; :!.kJ.~~O
fe~l 10 lh.e POINT or BEGINNING and containing 2.182 ocres of I{JmJ.. more or less.
KNOW I H<RU ORE, KNOW ALL MEN BY THESE PRESENTS
THAT Bill C. Payne. does adopt, this plat designating ttie herein described property as PAYNE ADDITION. PHASE. ", ;.--, n"',t" Cit...
cf Denton, Denton County, Texas and does hereby dedicate to the public use forever . the streets rights-.of -wey ~;n(: c-..biic
easements shown hereon.
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