2005-178
S:\Our Documents\Ordinances\O5\ZO5-0008,doc
ORDINANCE NO. rß () () 5'- /7 ø
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM THE REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING
DISTRICT TO THE REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D)
ZONING DISTRICT FOR APPROXIMATELY 2.456 ACRES OF LAND LOCATED ON
POCKRUS PAGE ROAD APPROXIMA TEL Y 700 FEET EAST OF THE FRONTAGE ROAD
OF INTERSTATE 35E, 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 EFFECTIVE DATE. (Z05-
0008)
WHEREAS, Scott Chaney, Property Owner has applied for a change in zoning for
approximately 2.456 acres of land located on Pockrus Page Road approximately 700 feet east of
Interstate 35E Frontage Road and more particularly described in Exhibit "A" attached hereto and
made a part hereof as Exhibit "A" (the "Property") from Regional Center Residential I (RCR-I)
zoning district to Regional Center Commercial Downtown (RCC-D) zoning district classification
and use designation; and
WHEREAS, on May 25, 2005, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Denton Comprehensive Plan 1999-2020; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The zoning district classification and use designation of the property is
hereby changed from Regional Center Residential 1 (RCR-1) zoning district to Regional Center
Commercial Downtown (RCC-D) zoning district classification and use.
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 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.
15f c;
PASSED AND APPROVED this the eX 1.--- day of ilIlL
,2005.
¿~~~-
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
"y\,,~'t Ù~U:9W
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY: 'DO"'ð~~~ ¡
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EXHIBIT "A"
FIELD NOTES
2.456 ACRES
BEING all that certain lot, tract or parcel of land situated in the Gideon Walker Survey
Abstract Number 1330 in the City of Denton, Denton County, Texas, being all that
certain tract of land conveyed by deed from Lone Star Gas Company to Enderby Gas,
Inc., recorded in Volume 759, Page 433, Deed Records, Denton County, Texas, and
being more particularly described as follows:
BEGINNING at an iron rod set for corner in the south line of Pockrus Page Road, a
public roadway, said point being the most northerly northeast corner of Lot 1, Block A of
House Smart Addition, an addition to the City of Denton, Denton County, Texas
according to the plat thereof recorded in Cabinet U, Page 464, Plat Records, Denton
County, Texas;
THENCE S 8r 13; 14" E, 255.00 feet with said south line of said Pockrus Page Road to
an iron rod set for corner in the west line of "Rails to Trails" Reserve, and abandoned
railroad right-of-way described under Document Number 2004-101817, Real Property
Records, Denton County, Texas;
THENCE S 3r 53' 58" E. 400.00 feet with said west line of said "Rails to Trails"
Reserve to an iron rod set for corner, said point being the northernmost corner of Lot 1,
Block 1 of Nationwide Housing Addition, and addition to the City of Denton, Denton
County, Texas according to the plat thereof recorded in Cabinet P, Page 277, Plat
Records, Denton County, Texas;
THENCE S 61 ° 17' 37" W, 100.00 feet with a north line of said Lot 1 of said Nationwide
Housing Addition to an iron rod found for corner at an inner ell of said Nationwide
Housing Addition;
THENCE N 62° 52' 51" W, 191.66 feet with said north line of said Lot 1 of said
Nationwide Housing Addition to an iron rod found for corner, said point being the
northeast corner of Lot 2, Block 1 of Nationwide Housing Addition, an addition to the
City of Denton, Denton County, Texas acc,ording to the plat thereof recorded in Cabinet
U, Page 949, Plat Records, Denton County, Texas;
THENCE N 62° 47' 07" W, 381.79 feet with the north line of said Lot 2 of said
Nationwide Housing Addition and with a north line of said House Smart Addition to an
iron rod found for corner at an inner ell of said House Smart Addition;
THENCE N 40° 29' 50" E, 150.00 feet with an east line of said House Smart Addition to
the PLACE OF BEGINNING and containing 2.456 acres of land.
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