2004-201ORDINANCE NO. ~00¢~ O/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM DOWNTOWN RESIDENTIAL 1 (DR-l) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO DOWNTOWN RESIDENTIAL 2 (DR-2)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY
1.25 ACRES OF LAND LOCATED GENERALLY SOUTH OF UNDERWOOD STREET AT
AVENUE A AND LEGALLY DESCRIBED AS TRACT 642, 643, 644, AND 645 OF THE E.
PUCHALSKI SURVEY 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.
(Z04-0022)
WHEREAS, Scott Brown Properties has applied for a change in zoning for approximately
1.25 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as
Exhibit "A" (the "Property") fi.om Downtown Residential 1 (DR-I) zoning district classification and
use designation to Downtown Residential 2 (DR-2) zoning district classification and use designation;
and
WHEREAS, on June 23, 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 distfict classificationandusedesignationofthePropertyishereby
changed fi.om Downtown Residential 1 (NR- 1) zoning district classification and use designation to
Downtown Residential 2 (DR-2) 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 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. Any person violating any provision ofthis 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 fi'om 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.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
PAGE 2
All that certain tract of land situated in the EUGENE PUCHALSKI SURVEY, ABSTRACT NUMBER 996 in the City
of Denton, Denton County, Texas and being all of that certain tract described In the deed from J. C. Spindle
et ux to Richard A. Harris and Woodson H. Harris recorded in Volume 670, Page 700, Deed Records, Denton
County, Texas and being all of the called First Tract and a part of the called Second Tract described in the deed
from Woodson A. Harris et ux to W. Herbert Harris and Richard A. Harris recorded in Volume 347, Page 85 end
being e part of the tract described in the deed from Woodson A. Harris to Herbert Harris and Richard Harris
recorded in Volume 483, Page 167 said Deed Records; the subject tract being more particularly described as
follows:
BEGINNING for the Southeast comer of the tract being described herein at an iron rod set for the Southeast
corner of said called First Tract, same being the Northeast corner of Green Hill Garden Addition, an addition
in said City, according to the Plat thereof recorded in Cabinet C, Page 39 of thb Plat Records said county, said
iron rod being In the monumented West line of old Avenue A;
THENCE West with the South line said Harris tracts end the North line said addition a distance of 368.97 feet
to an iron rod set for the Southeast corner of that certain tract described In the deed from W. Herbert Harris
and Richard A. Harris recorded In Volume 2654, Page 968 of the Real Property Records said county, in the East
line of Avenue A (new) in a curve to the right, having a radius of 272.5 feet;
THENCE in a Northeasterly direction along the arc of said curve an arc disance of 99.97 feet (chord bearing
North 45 degrees 11 minutes 09 seconds East a distance of 99.41 feet) to an iron rod set for the North corner
of the said City tract, in the West line of the Harris tract recorded in Volume 483, Page 167;
THI~NCE North 55 degrees 44 minutes 28 seconds East with said West line along Avenue A a distance of
198.17 feet to an iron rod set for the South corner of that certain tract described In the deed from W. Herbert
Harris and Richard A. Harris to the City of Denton, recorded in Volume 483, page 164;
· .~' .L
THENCE North 43 degrees 47 minutes 57 seconds East with the South line said tract, along said ~yenue A e
distance of 108.07 feet to an iron rod set for the Northeast corner last mentioned City tract, in th~'N~rtb Jine
of the called Second Harris tract:
THENCE East with the North line thereof crossing into old Avenue A a distance of 60.84 feet to a P.K. nail set
for the Northeast corner of said called Second tract, near the East curb of said old Avenue A;
THENCE South 00 degrees 08 minutes 57 seconds East with the East line said Harris tract along the Wast line
said old Avenue A part of the way a distance of 258.50 feet to the PLACE OF BEGINNING and enclosing 1.270
acres of lend.