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Home My WebLink About2008-157Dour daeumems\ordinancesV08\z08-0006.dac ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF TWO TRACTS OF LAND FROM A 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,SUBJECT TO AN OVERLAY DISTRICT; ENCOMPASSING 38.445 ACRES OF LAND LOCATED ALONG THE WEST SIDE OF 1-35E, APPROXIMATELY 1,500 FEET NORTH OF THE INTERSECTION OF WIND RIVER LANE AND UNICORN LAKE ROAD, AND LEGALLY DESCRIBED AS ABSTRACT NUMBER 143 OF THE J. WHITE SURVEY AND ABSTRACT NUMBER 784 OF THE D. LAMBERT SURVEY, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (Z08-0006). WHEREAS, ERI-Denton 38 Land, L.P., has applied fora change in zoning for approximately 38.445 acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Property") from a Regional Center Residential 1 (RCR-1) zoning district classification and use designation to a Regional Center Commercial Downtown (RCC-D) zoning district classification and use designation; and WHEREAS, on June 11, 2008, the Planning and Zoning Commission recommended approval of the requested change in zoning subject to the following overlay district: 1. 50-foot buffer of landscaping is required, including the water features (existing pond); abutting the residential developments to the west (Southridge Estates) and to the south (Wind River Estates) with the right to install a walking trail and other complementary hardscape around the existing pond (including the area within the 50-foot buffer) in connection with a pedestrian easement; 2. No building within 100-feet of the residential developments to the west and to the south of the subject Property shall exceed a maximum building height of 40 feet; 3. The owner of the subject Property will not remove the existing pond along the western boundary of the subject Property abutting Southridge Estates; 4. The owner of the subject Property (or its designee) will erect, at its expense, an 8 foot wrought iron fence with finials for the benefit of the homes to the west of the subject property which are directly across from and adjacent to the aforementioned pond; 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. s:Aourdoeuments\ordinancesV08\z08-0006.dee SECTION 2. The zoning district classification and use designation for the Property is hereby changed from Regional Center 1 (RCR-I) to Regional Center Commercial Downtown (RCC-D). Notwithstanding the attached real property description, the Property being rezoned includes all property to the centerline of all adjacent street rights -of -way. SECTION 3. The City's official land use map 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 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 $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City ofDenton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the /, i day of 0-9 i , 2008 ATTEST: .IENNIEER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: JOHN M. KNIGHT, INTERIM CITY ATTORNEY BY: s \our de;umentc\ordinance$V08\z08-0006.doc EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION BENG 38.445 ACRE. 7]tA(T OF LAND SII'U'ATP,D 1N THE 1. wi4rru SIJRVF'N' ABS-IRAC"T , aiMBER 1433 hidD THE I1. LA,NBHRT SURVEY; ABS"1RAC. NUMRF:R 754, D - NC C'OINTY, TEXAS. N ADDlTION, BEING AL.I. OF TIUT CALLED 38,423 ACRES OF LAND DESCRIBED IN DIIED TO FRT- DENTON IS LAND, L.P. AND RECORDED IN COUNTY CLERK FILE NUMBPR 2006- 1215 70 OF [HE REAL PROPER'f Y RECORDS OF DENfON COIJNPY, TEXAS. SA11)38.445 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS IYILLOWS. BEGTNNL;G at 1/2 inch iron toai found for the southwest comer hereofand Mug in the cost line of 3. Mc(iowwt sunray Abstract ntrmber 797. Said point being the northwc�gt comer of Lot 18, Block J of Wind River Estate Phase 1V, an addition to the City of Denton, Denton County Testis accordhty, to the Final Platrectmled in Cabinet S. Page 204 of the flat Records of Denton County, Tctas. Also being the norihwtvl comer of'the MX.P. and PAK Company survey Nxtraci number 950 and the stxtthwest comer of.said Iambcrt Survey ' THENCE N 0103' 13" W, aloiy the west line hereof and The cast line of wind Bloc's 7. Tlie cast line of Lots 40 through 47 Block 1 of Soutlnidee listans, Pha-sa 3, an addition to the City of Denton. Denton C'oun y, Texas accontin2 to the Final Plat rccm ced in Vnhinvt O, Page 268 of slid Plat Records of Deatim Como ,. x,. In addition, with the east lino of Lots 27. '-Sand 29, Block 1 of Soutividge estates Phase 2 a t addition to the (:try of Denton, Denton County, Tctas according to the. Final flat recorded in Cabinet M, Page 97 of said Plat Records of Denton Clunry. A distance of 1332.79 feet, to a V2 inch iron rod found for an angle point hcrcof also bring, the wuiheast comer of that 50 flat right-of-way conveyed be debt to Denton Chanty and recorded in Volume 333, Page l9 of the Deed Record, of Denton County, 'texas. `ITTENCE N 00' 35' 03" w, along the west line hereof the east lino of paid Right -of -Way and leaving tho northwest comer of said Lot 27, a distanee of 3So.88 feet to a wood right of matkcr found. for the most westerly northwest comer he-'eof Also lying in the southeast right of way line of Interstate 35E a variable width riylrtof-say. THENCE along raid Sorul astcrly right-of-way line of said 1-35T. the following three calls N 54' 47' 17, E. a distance of 86.06 feet, to wood :fight of way markor found for du: most northerly no-thw'est cornerhereof. Also Iwing the bcgyming of anon -tangent curve to the left hiving a radius of 11919.85 feet, a central Shah; of 3`33' 1 S", a chord hearing of S 49' 30' 47^ E and a chord dirt rc- of 7J9.49 feel, Along said non -tangent cwvro to the Ic It an a c leigth of 739.61 feet, to a Y- inch iron rod fwnd for an angle point hereof; S 51' 22' 08" E, a disautuc of 471.E-1 feel, Ida 1/2 inch iron rod fotnal for an angle Point hereof also being the most nostl wc5turly comer of ilut certain or t of land descbOd to deed to Ci & A Partners, I,al., and rccorded in Volume 4399, Page 2031 of said Deed Records; THENCE S 32. 43' 08" E, pasiing at a distance Of -179.42 feet. a 1; 2 mob iron rod found for the most southerly semen of said G & Amct, ako being the westerly cumcrof Lot 1, Block of Action Catlxt Addition. An addition to Inc City of Denton according ut the Final Plat iccordtal in Cabinet N, Page 355 of said Plat Records. Con-hsuing in ill a total dstanee of I I j I A feet, to a Point for dre southeast comer PAGE 3 s:Aour documents ordin ancesV08\z08-0006.doc hereof. Said point also lying in the north tine of that certain 4.4753 acre tract of land de,crihed in deed to Dariush i-I. 1leidary and mcordcd Ln Volume 2960, Yage 287 of said Deed Records; THENCE. S 88` 42' 08" W, along the south line hereof the north line of said Ileidary tact a distance of 581-72 lect, to a point for an an81c point hereof su?d point being the northwest corner of said 4.4753 acre Uuct; TIIENCE S 89' 36' 57" W, along the south lino hereof a distance of 1013.451cct, to the POUST OF 1LEGINNING and containing 38,445 actrm ofland more or less. Also bcin¢ the west lute ofsaid 38.423 acre pact and the D. Lamhard Survey, a distance of 314.89,feet- to the POINT OF EEG1NNLNU and containing 7.607 acres of land more or less. PAGE 4 ;�: �. �;. �a Y(. t�- 1 �fY i 'w �,.; :.?%