1993-063j:wpdocs\ord\pd-com.o
ORDINANCE NO. 9 - 0&3
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM PLANNED DEVELOPMENT ZONING DISTRICTS NO. 91 AND 92 TO COM-
MERCIAL [c] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH
CONDITIONS FOR APPROXIMATELY 300 ACRES OF LAND LOCATED SOUTH OF
LOOP 288, EAST OF I-35 E AND GENERALLY WEST OF MAYHILL ROAD; PRO-
VIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Epic Development, Inc. has applied for a change in
zoning for approximately 300 acres of land from Planned Development
Districts No. 91 and 92 to Commercial [c] district classification
and use designation with conditions; and
WHEREAS, on March 24, 1993, the Planning and Zoning Commission
recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of approximately 300 acres of land described in Exhibit
A, attached hereto and incorporated into this ordinance by refer-
ence, is changed from Planned Development Districts No. 91 and 92
to Commercial [c] district classification and use designation with
conditions under the comprehensive zoning ordinance of the City of
Denton, Texas.
SECTION II. That in accordance with Section 35-123 of the
Comprehensive Zoning Ordinance, the use of the property shall be
subject to the conditions listed in Exhibit B, attached hereto and
incorporated into this ordinance by reference.
SECTION III. That the City's official zoning map is amended to
show the change in zoning district classification.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. 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 pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the aqeday of , 1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I L~ Lid&
BY:
APPROV AS O LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
1 ~
BY :
PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
TRACT 1
PROPOSED ZONING: "C(c)"
BEING 242.8 acres of land located in the J. S. Taft Survey,
Abstract No. 1256, the J. White Survey, Abstract No. 1433, the
Daniel Lambert Survey, Abstract No. 784 and the M.E.P. & P.R.R.
Co. Survey, Abstract No. 950, City of Denton, Denton County,
Texas, being all that certain tract of land described as Tract I
in deed to Epic Development, Inc., recorded in Volume 3245, Page
699 of the Real Property Records of Denton County, Texas and all
of Colorado Boulevard, Southern Hills Boulevard and Mayhill Road
as shown by the plat recorded in Cabinet F, Page 125 of the Real
Property Records of Denton County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at the Northwest corner of the J. White Survey, being
the westerly Northwest of said Epic tract described in deed
mention above and the Northeast corner of Lot 10, Block "A",
Golden Triangle Mini-Mall Addition, an addition to the City of
Denton, Denton County, Texas as shown by the plat recorded in
Cabinet F, Page 373 of the Real Property Records of Denton County,
Texas,
THENCE N 89°43129"E, 585.63 feet to a corner of said Epic tract;
THENCE N 01°02157"W, 396.78 feet to the most northerly Northwest
corner of said Epic tract, lying in the Southwest right-of-
way line of the Missouri, Kansas and Texas Railroad (a 100
foot wide right-of-way);
THENCE along the Southwest right-of-way line of said Missouri,
Kansas and Texas Railroad and a Northeast boundary line of
said Epic tract as follows:
S 41°24'15"E, 2153.68 feet to the Beginninq.~68 a curve to
the Left;
SOUTHEASTERLY, 724.51 feet along said Curve to the Left,
having a radius of 1960.17 feet,, a central angle of
21°10'39" and a chord bearing S'51°59'34"E, 720.40 feet to
the most northerly Northeast corner of said Epic tract,
lying in the West boundary line of a tract of land
described as Tract "B" in deed to E. P. Jeske, recorded in
Volume 1386, Page 377 of the Real Property Records of
Denton County, Texas;
THENCE S 01°35'52"W, 962.34 feet to a 5/8" iron rod found at the
Southwest corner of said Jeske tract, being a corner of
said Epic tract;
THENCE N 88°42'50"E along a North boundary line of said Epic tract
and the South boundary line of said Jeske tract, 1758.51
feet to a railroad iron found at a corner of said Epic
tract, being the Northernmost corner of a tract of land
described in deed to the 1st State Bank of Denton, recorded
in Volume 2890, Page 20 of the Real Property Records of
Denton County, Texas;
THENCE S 00°53'18"W along an East boundary line of said Epic tract
and the West boundary line of said 1st State Bank of Denton
tract, 1099.14 feet to a 1 1/2" iron pipe found at a corner
of said Epic tract, being the Southwest corner of said 1st
State Bank Denton tract;
THENCE S 89°11'35"E along a North boundary line of said Epic tract
and the South boundary line of said 1st State Bank of
Denton tract, 633.67 feet to a 1/2" iron rod found in the
North right-of-way line of Mayhill Road;
EPIC DEVELOPMENT
PAGE 1 OF 4 W&A #92-039
FEBRUARY 18, 1993
EXHIBIT A
TRACT 1 (CONTINUED)
THENCE S 55°17'21"W along the North right-of-way line of said
Mayhill Road, being a southeast boundary line of said Epic
tract, 188.71 feet to a 1/2" iron rod found;
THENCE S 37°36'06"W along a Southeast boundary line of said Epic
tract, 184.27 feet to a point;
THENCE S 33°20'05"W along a Southeast boundary line of said Epic
tract, 56.74 feet to a point in the South right-of-way line
of Colorado Boulevard (an 80 foot wide right-of-way), being
at the Beginning of a non-tangent curve to the Right, being
the Northeast corner of a tract of land described in deed
to Andrew Corp., recorded in Volume 3047, Page 767 of the
Real Property Records of Denton County, Texas;
THENCE SOUTHWESTERLY along the South right-of-way line of said
Colorado Boulevard (an 80 foot wide right-of-way), a South
boundary line of said Epic tract and a North boundary line
of said Andrew Corp. tract, 160.23 feet along said non-
tangent Curve to the Right, having a radius of 540.00 feet,
a central angle of 17°00'05" and a chord bearing S
77°32'19"W, 159.65 feet to a cutback corner at the
intersection of the South right-of-way line of said
Colorado Boulevard and the East right-of-way line of
Mayhill Road (Loop 288, a 120 foot wide right-of-way);
THENCE along the East right-of-way line of said Mayhill Road (Loop
288, a 120 foot wide right-of-way), the East boundary line
of said Epic tract and the West boundary line of said
Andrew Corp. tract as follows:
S 45°25'19"W, 22.50 feet to a point;
S 04°00'37"W, 432.95 feet to the most Southerly corner of
said Andrew Corp. tract;
THENCE S 14°43'14"W along the East boundary line of said Epic
tract, 909.05 feet to a 1/2" iron rod found;
THENCE S 89°46'49"W, 72.44 feet to a right-of-way monument in the
North right-of-way line of Interstate Highway No. 35-E (a
variable width right-of-way), being a corner of said Epic
tract;
THENCE along the South boundary line of said Epic tract and the
North right-of-way line of said Interstate Highway No. 35-E
(a variable width right-of-way) as follows:
N 49°55'28"W, 802.96 feet to a 1/2" iron rod found;
N 53°31'28"W, 94.06 feet to a 1/2" iron rod found;
N 49°16'07"W, 511.31 feet to a 1/2" iron rod found;
S 62°18'28"W, 44.20 feet to a 3/4" iron rod found;
N 49°58'53"W, 1372.57 feet to a 1/2" iron rod found;
N 51°00'00"W, 2220.10 feet to a the Beginning of a Curve to
the Right;
NORTHWESTERLY, 87.29 feet along said Curve to the Right,
having a radius of 11,309.20 feet, a central angle of
00°26'32" and a chord bearing N 50°50'44"W, 87.29 feet to
the End of said Curve;
N 45°17'00"W, 99.20 feet to the Beginning of a Curve to the
Right;
EPIC DEVELOPMENT
PAGE 2 OF 4 W&A #92-039
FEBRUARY 18, 1993
EXHIBIT A
TRACT 1 (CONTINUED)
NORTHWESTERLY, 90.00 feet along said Curve to the Right,
having a radius of 11,299.20 feet, a central angle of
00°27'23" and a chord bearing N 49°19'31"W, 90.00 feet to
the End of said Curve; _
N 29°30'00"W, 179.38 feet to a point;
S 02°17'57"W, 77.25 feet to the Beginning of a non-tangent
Curve to the Right;
NORTHWESTERLY, 74.21 feet along said non-tangent Curve to
the Right having a radius of 11,299.20 feet, a central
angle of 00°22'35" and a chord bearing N 48°38'31"W, 74.21
feet to the End of said Curve;
N 53°45'40"W, 99.20 feet to the Beginning of a Curve to the
Right;
NORTHWESTERLY, 139.59 feet along said Curve to the Right,
having a radius of 11,309.20 feet, a central angle of
00°42'26" and a chord bearing N 48°02'53"W, 139.59 feet to
the End of said Curve;
N 47°41'40"W, 136.70 feet to the Southwest corner of said
Epic tract, being the Southeast corner of Lot 1, Block 1,
Pace's Crossing, an addition to the City of Denton, Denton
County, Texas as shown by the plat recorded.in Cabinet E,
Page 372 of the Real Property Records of Denton County,
Texas;
THENCE N 49°18'36"E, 481.35 feet to a corner of said Epic tract
and a corner of said Lot 1, Block 1, Pace's Crossing;
THENCE N 02°17'55"E along a West boundary line of said Epic tract,
1318.35 feet to the PLACE OF BEGINNING, containing 242.8
acres of land.
PAGE 3 OF 4 EPIC DEVELOPMENT
W&A #92-039
FEBRUARY 18, 1993
EXHIBIT A
LEGAL DESCRIPTION
TRACT 2
PROPOSED ZONING: "C(c)"
BEING 57.1 acres of land located in the J. S. Taft Survey,
Abstract No. 1256 and the J. White Survey, Abstract No. 1433,
City of Denton, Denton County, Texas, being all that certain
tract described as Tract II in deed to Epic Development, Inc.,
recorded in Volume 3245, Page 699 of the Real Property Records of
Denton County, Texas and being more particularly described as
follows:
BEGINNING at the Northeast corner of the J. White Survey, being
the most southerly Northeast corner of said Epic tract described
in deed mentioned above;
THENCE S 02°22'03"W along an East boundary line of said Epic
tract, 1564.32 feet to the most Southerly corner of said
Epic tract, lying in the Northeast right-of-way line of
the Missouri, Kansas and Texas Railroad (a 100 foot wide
right-of-way);
THENCE along the Northeast right-of-way line of said Missouri,
Kansas and Texas Railroad (a 100 foot wide right-of-way)
and the Southwest boundary line of said Epic tract as
follows:
NORTHWESTERLY, 640.48 feet along a Curve to the Right,
having a radius of 1860.17 feet, a central angle of
19°43'40" and a chord bearing N 51°16'05"W, 637.32 feet to
the End of said Curve;
N 41°24'15"W, 2271.37 feet to a corner of said Epic tract;
THENCE N 01°02'57"W, 177.00 feet to a corner of said Epic tract,
lying in the Southeast right-of-way line Loop 288 (a
variable width right-of-way);
THENCE along the Southeast right-of-way line of said Loop 288 (a
variable width right-of-way) and the Northwest boundary
line of said Epic tract as follows:
N 55°29'40"E, 753.06 feet to a point;
N 60°06'25"E, 344.05 feet to the most northerly Northeast
corner of said Epic tract;
THENCE S 00°38'03"E,
THENCE N 89°49'45"E,
THENCE S 00°35'32"E,
THENCE N 89°13'42"E,
containing 57
307.27 feet to a corner of said Epic tract;
328.45 feet to a corner of said Epic tract;
1019.12 feet to a corner of said Epic tract;
806.07 feet to the PLACE OF BEGINNING,
.1 acres of land.
PAGE 4 OF 4 EPIC DEVELOPMENT
W&A #92-039
FEBRUARY 18, 1993
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