2004-088AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL
DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR APPROXIMATELY 7.9 ACRES OF LAND LOCATED APPROXIMATELY 450 FEET
NORTHWEST OF SHADY SHORES ROAD, ON THE NORTHEAST SIDE OF INTERSTATE-35
EAST IN GIDEON WALKER SURVEY, ABSTRACT NO. 1330 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.
(Z04-0003)
WHEREAS, Soraya Fletcher has applied for a change in zoning for approximately 7.9 acres
of land located approximately 450 feet northwest of Shady Shores Road, on the northeast side of
Interstate-35 East and more particularly described in Exhibit "A" attached hereto and made a part
hereof as Exhibit "A" (the "Property") from Regional Center Residential 1 (RCR-1) zoning district
classification and use designation to Regional Center Commercial Downtown (RCC-D) zoning
district classification and use designation; and
WHEREAS, on February 25, 2004, 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 Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the Property is hereby
changed from Regional Center Residential 1 (RCR-1) zoning district classification and use
designation to Regional Center Commercial Downtown (RCC-D) zoning district classification and
use.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. If any provision of this ordinance or the app. lication 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. 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 5. 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 therjq~/~t/day of ~//fz~//~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 2
Exhibit A
F!£LD NOTES'
7.928 ACRES
the Gideon Wetker Survey Abslroc! Number ~.5,~0 in ~he City of
Denton, Oenton County, ~exos, being oll that certoi)~ tract
lq~d conveyed by deed from North Dollus ~{okers, Inc, to
,~'-.~5 Partnership recorded in Volu~e 4500, Poq~ 1226,
Property Records, Denton County, iexos ~,qd be~n9 n:,ort.
porUculor~y described os (o¢7ows:
BEGINNING o~ on iron rod hpund for corne¢ i¢~ the north i~ne of
(rfferstote Highwrzy Number .55-~i, o puDfic roadway, said point
beinq the southwest cor~er of that certain tract of /~od'
con¢eyed b~, deed from Co¥ N. Wold and wife, ~'ucelene Word
Fronc~s E. 3elf and wife, t¢~ndo Sel( recorobd fi~ Volume 474,
Poqe 675, Deed Records. Oenfon County, ~'exos;
Interstate Highway to on ;ran rod set for
THENCE N 49' 57' 44" W, !U6.46 tee~ w]ih sq~d north :ThC of
sold Interstate Highway ~o on iron ~od lbund for corz,er,
point being lhe southec~sl corner of Lot i, 8tack A of L.~ssberge:
AddiUon, on addition ~o the City ~ Denfon,,Denlon Count),,
lexes according to the pio~ thereof r'eco~d~d in C~binet ti. Page
t~8, Plat Records, Denton County. Texas;
THENCE N 42' 56' 51" E~ 22~.38 feet ,~ith the e,~.~l fine of
L~sberqer Addition lo, on Man rod set for corner fi~ ~he sou~h
line of ~'ROiIS to Trails* cart]dar:
[HENCE dong the otc ~f o curve to the /eft having u centre(
925.85 feet, who~e chord beers S 67' ,o' t' E; 90~.',~ e~
sold south line o/ "Roils ~o Poits* corridor fo on iron rod
found for corner, sam po;ne being lhe no/'thwest corner of
Self tract;
I'HE~'CE E 03' 4F 41" ~; 595,56 feel w/ih ~he west /;ne of se;d
Self tract to the PLACE OF BEGt~ING oecd contobtlng Y.~28 acres
of land.
TO 1'HE LIENHOLDERS AND/OR THE OWNERS AND/OR PURCHASERS OF I'HE
PREMISES SURVEYED AND TO REUNION TITLE:
I hereby certify that on {he 12[h day of February 2004, this survey was mad
on the ground as per the field notes shown on this survey and is true,
correct and accurate as to the boundaries and areas of the subject property
and the size, location and type of buildings and improvements thereon if
if (~ny, rand as to [he other ma~ters sh.o.~t.n hereon, and correc, tly shows t. he
locc~hon of all visible easements and rights-of-way and oi ali r~ghts-of.-ways
easements and other chatters of record of which I hove knowledge or hove
been advised, whether or no~ o~ record, affecting subject property:
Except ~s shown on the survey, there ore no encroachments ppon the subject
property by improvements on od ocent property', there o,~r~f= ~.~chments
on adjacent property, streets or alleys by on.~'~mprove~~j~ubject
prooer~y and there are nO conflicts or protrus,'~s.