2014-400s:\legal\our documents\ordinances\14�z14-0016.docx
ORDINANCE NO. 2014-40�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
REZONING FROM A REGIONAL CENTER RESIDENTIAL 1(RCR-1) ZONING
DISTRICT TO A REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N)
ZONING DISTRICT ON APPROXIMATELY 2.755 ACRES OF LAND GENERALLY
LOCATED ALONG THE SOUTHERN SERVICE ROAD OF I-35E, APPROXIMATELY
200 FEET SOUHTEAST OF LILLIAN B. MILLER PARKWAY, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY
AND AN EFFECTIVE DATE (Z14-0016).
WHEREAS, Bryan Haase has applied for a change in zoning from Regional Center
Residential 1(RCR-1) to Regional Center Commercial Neighborhood (RCC-N) on
approximately 2.755 acres of land legally described in Exhibit "A" and depicted in Exhibit "B",
attached hereto and incorporated herein by reference (hereinafter, the "Property"); and
WHEREAS, after providing notice and after conducting a public hearing on September
10, 2014 as required by law, the Planning and Zoning Commission recommended approval (7-0)
of the requested zoning; and
WHEREAS, after providing notice and after conducting a public hearing on November
18, 2014 as required by law, the City Council finds that the zoning is consistent with the Denton
Plan and is in the public interest; 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.
SECTION 2, The Property is hereby assigned a Regional Center Commercial
Neighborhood zoning district classification and use designation. Notwithstanding the attached
real property description, the property being zoned 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 of
Denton, Texas, within ten (10) days of the date of its passage,
PASSED AND APPROVED this the _� day of ��,��^�.,`�����'"�� _, 2014.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA 3URGESS, CITY �°���"�ll�����'
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EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION
OF
L�TS 1 B, 1 C AND 1 D
SOUTHRIDGE SHOPPING VILLAGE SHOPPING CENTER
Description of a 2.755 acre tract of land out of the John McGowan Survey, Abstract 797, in
the City of Denton, Denton County, Texas; said tract being all of Lots 1 B, 1 C and 1 D,
SOUTHRIDGE SHOPPING VILLAGE SHOPPING CENTER, an addition to the City of
Denton, Denton County, Texas, as recorded in Cabinet E, Pages 392 and 393, Map
Records, Denton County, Texas; said 2.755 acre tract being more particularly described as
follows:
BEGINNING, at the most northerly corner of said Lot 1 B; said point being the east corner of
Lot 1, Block 1, Dunning Subdivision, Phase One, an addition to the City of Denton, Denton
County, Texas, as recorded in Cabinet C, Page 355, Map Records, Denton County,
Texas; said point also being on the southwest right-of-way of Interstate Highway 35E (a
variable width right-of-way);
THENCE, with said southwest right-of-way line the following metes and bounds:
South 48 degrees 04 minutes 35 seconds East, 30.54 feet to an angle point;
South 53 degrees 48 minutes 15 seconds East, at a distance of 115.76 feet pass the
east corner said Lot 1 B and the northwest corner of said Lot 1 C; continuing, at an
additional distance of 215.73 feet pass the east corner of said Lot 1 C and the north
corner of said Lot ID, continuing, in all, a distance of 452.23 feet to an angle point;
South 47 degrees 29 minutes 17 seconds East, a distance of 48.08 feet to the east
corner of said Lot 1 D and the most northerly corner of Lot 2R of said Southridge
Shopping Village Shopping Center;
THENCE, South 44 degrees 43 minutes 54 seconds West, with the common line between
said 1 D and 2R, a distance of 178.07 feet to the most southerly corner of said Lot 1 D and
the most easterly corner of Lot 1 A of said Southridge Shopping Village Shopping Center;
THENCE, with the northeasterly and northerly line of said Lot 1 A the following metes and
bounds:
North 45 degrees 16 minutes 06 seconds West, a distance of 61.27 feet to a point for
corner;
South 44 degrees 43 minutes 54 seconds West, a distance of 14.30 feet to a point for
corner;
North 45 degrees 16 minutes 06 seconds West, a distance of 143.16 feet to the
beginning of a tangent circular curve to the left having a radius of 160.00 feet;
northwesterly, with said curve to the left, through a central angle of 44 degrees 49
minutes 08 seconds, an arc distance of 125.16 feet (chord bears North 67 degrees 40
minutes 40 seconds West, 121.99 feet) to the end of said curve;
South 89 degrees 54 minutes 46 seconds West, a distance of 89.64 feet to the west
corner of said Lot 1 C;
North 44 degrees 43 minutes 54 seconds East, a distance of 22.42 feet to the
southeast corner of said Lot 1 B;
South 89 degrees 54 minutes 46 seconds West, a distance of 97.37 feet to a point for
corner;
North 00 degrees OS minutes 14 seconds West, a distance of 17.06 feet to a point for
corner;
South 89 degrees 54 minutes 46 seconds West, a distance of 92.46 feet to the
southwest corner said Lot 1 B; said point being also on the east right-of-way line of
Lillian B. Miller Boulevard (80 foot right-of-way);
THENCE, with said east right-of-way line and the west line of Lot 1 B the following metes
and bounds:
North 00 degrees 17 minutes 12 seconds West, a distance of 145.33 feet to the
beginning of a tangent circular curve to the right having a radius of 329.71 feet;
northeasterly, with said curve to the right, through a central angle of 03 degrees 32
minutes 17 seconds, an arc distance of 20.36 feet (chord bears North 01 degrees 28
minutes 56 seconds East, 20.36 feet) to the northwest corner of said Lot 1 B, and
southwest corner of said Lot 1, Block 1, Dunning Subdivision;
THENCE, with a common line between said Lot 1 B and Lot 1, Block 1, the following metes
and bounds:
South 71 degrees 31 minutes 08 seconds East, 144.00 feet to a point for corner;
North 40 degrees 38 minutes 13 seconds East, 150.00 feet to the POINT OF
BEGINNING;
CONTAINING, 2.755 acres of land, more or less.
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