2008-157Dour 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:Aour doeuments\ordfnancesV08\x08-0006.dee
SECTION 2. The zoning district classification and use designation for the Property is hereby
changed from Regional Center 1 (RCR-1) 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 , 2008
ATTEST:
.JENNIFER WALTERS, CITY SECRETARY
BY:(2m G~
APPROVED AS TO LEGAL FORM:
JOHN M. KNIGHT, INTERIM CITY ATTORNEY
BY:
s dour deeumeotc\ordinancesV08\z0S-0006.doc
EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION
B6TNG 38.445 ACRE. 7]tA(T OF L No SII'U'ATP,D 1N THE 1. wi4rru SIJRVG:Y ABS-IRAC"T
, aiMBER 1433:VdD THE I1. LA,NBHRT SURVEY; ABS"1RAC. NUMBER 734, D - NC
COUNTY, TEXAS. LV ADDlTION, BEING AL.I. OF TIUT CALLED 38,423 ACRES OF LAND
DESCRIBED IN DIIED TO FRT- DENTON IS LAND, T.T. AND RECORDED IN COUNTY CLERK
FILE NUMBPR 2006- 1215700F [HE REAL PROPER'fYRECORDS OFDENfON 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 cast line of the
1. McOowwt sunray Abstract ntrmber 797. Said point being the northwu~t comer of Lot 18, Block J of
Wind River Estates Phase 1V, an addition to the City of Denton, Denton County Testis accordhty, to the
Final Platreetmdei in Cabinet S. Page 204 of the flat Records of Denton County, Tccas. Also being the
norihwtvl comer of the M.li.l'. and PAK Company survey Nxtraci number 950 and the suttthwest
comer of.said Iambcrt Survey'
THENCE N 0 P 03' 13" \G, aloav the west line hereof and th; cast lint of wind Bloc's 7. Tlie cast line of
Lots 40 through 47 Block 1 of Soutlnidee listatc;:, Nevin 3, an addition to the City of Denton. Denton
Corny, Texas accontin2 to the Final Plat rear ced in Vnhinvt O, Page 268 of slid Plat Records of Deavim
Como x,. In addition, with the east lino of Lots 27, '-Sand 29, Block I of Soutlvidge estates Phase 2
an addition to the (:try of Denton, Demon County, Tccas according to the. Final flat recorded in Cabinet
Vl, Page 97 of said Plat Records of Damon Counh. A distance of 1332.79 feet, to a V2 inch iron rod
found for an angle point hcrcof also bring, the souiheast comer of that 50 floor right-of-way Conveyed be
decal to Denton Dainty and recorded in V'oltmre 333, Page l9 of the Deed Record, of Denton County,
'texas.
TTTENCE N 00' 35'03" w, along the west line hereof the east line of mid Right-of=Way and leav9ug the
northwest comer of said Lot 27, a distatnee o` 380.88 feet to a wood right of matkcr forum, for the most
westerly northwest comer he-'eof Also lybur in the souttteast right of way line of Interstate 35E a variable
width riylrtof-say.
THENCE along raid Sorul astcrly right-of-way line oCmid 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
rorthtcrly no-4hw'est corner hereof. Also Iwing the bcgyming of a non-'wngenl curve to the left
hucfng a radius of 11919.85 feet, a central Shah; of 3`31' 18". a chord hearing of S 49'30'47" E
and a chord dirt rc- of 7}9.49 feel,
Along said non-,unigent cwvro to the Id t an a c levgth of 739.61 feet, to a Y- inch iron rod fWnd
for an angle point hereof,
S 51' 22'()8" E, a disautuc of 471.(-1 feet, 10 s 1/2 inch iron rod foetal for an angle Point hereof
also being the roost northwesterly comer of rise certain or Of of land desObcd rn deed to Ci & A
Partners, LaL, and recorded in Volume 4399, Page 2031 of said Deed Records;
THENCE S 32.43' 08" E pasiing at a distance of 779.42 feet. a 1; 2 inch iron rod found for the most
southerly c onner of said G &,I, In Or, ako being the weote.rly comer of Lot 1, Block A of Action Catlxt
Addition. An addition to Inc City of Denton according m the Final Plat rccord^-d in Cabinet N, Page 355
of said Plat Records. Con-hiring in alt a total distance of I I j I A5 feet, IA a point for dre southeast comer
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hereof. Said point also lying in the north tine of that certain 4.4753 acre tract of land de,crihed in decd to
Dariush 1-I. 1leidary and mcordcd Ln Volume 2960, Yage 287 of said Deed Records;
TITENCE S 88` 42' 08" W, along the south line hereof the north line of said Ileidary tact a distance of
381.72 lect, to a point for an an81c point frcrcof 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.
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EXHIBIT B
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