2005-079S:\Our Documents\Ordinancms\05xZ044)048.doe
O O CENO. 'Tq
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FOR APROXIMATELY 38.5 ACRES FROM REGIONAL CENTER COMMERCIAL
NEIGHBORHOOD (RCC-N) ZONING DISTRICT TO REGIONAL CENTER COMMERCIAL
DOWNTOWN (RCC-D) ZONING DISTRICT SUCH PROPERTY BEING GENERALLY
LOCATED SOUTH OF LOOP 288 AND EAST OF BRINKER ROAD, COMMONLY KNOWN
AS DENTON TOWNE CROSSING; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE. (Z04-0048)
WHEREAS, Gerald Luecke (Hodges & Associates) as agent for Denton Towne Crossing L.P.
has applied for a change in zoning for approximately 38.5 acres as more particularly described in
Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Regional
Center Commercial Neighborhood (RCC-N) zoning district to Regional Center Commercial
Downtown (RCC-D) zoning district classification and use designation; and
WHEREAS, on February 9, 2005, the Planning and Zoning Commission recommended
approval of the requested zoning change; and
WHEREAS, the City Council finds the change is consistent with the Comprehensive Plan;
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.
SECTION 2. The zoning district classification and use designation of the Property is hereby
changed from Regional Center Commercial Neighborhood (RCC-N) zoning district to Regional
Center Commercial Downtown (RCC-D) zoning district classification and use.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. If any provision of this ordinance or the application thereofto 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 servable.
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 /~_dayof J~'~t~,~/QJ
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ....... '~/~
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DAVID PETREE
REGISTERED PROFESSIONAL LAND SURVEYOR
11015 Midway Road
Dallas, Texas 75229
Phone: (214) 358-4500
Fax: (214) 358-4600
Metes and Bounds Description
38.4099 Acres of Land
Joseph White Survey, A-1433
J.S. Taft Survey, A-1256
City of Denton
Denton County, Texas
BEING all that certain lot, tract or parcel of land located in the Joseph White Survey, Abstract No.
1433 and the J. S. Taft Survey, Abstract No. 1256, City of Denton, Denton County, Texas, and being
a portion of that certain called 57.087 acre tract of land conveyed to Epic Development, Inc.,
described as Tract II in the Special Warranty Deed and Bill of Sale filed for a record in Volume 3245,
Page 699 of the Deed Records of Denton County, Texas, now conveyed to Denton Towne
Crossing, L. P., recorded in Volume 4915, Page 506 of the Deed Records of Denton County, Texas,
and being more particularly described by metes and bounds as follows;
BEGINNING at a p.k. nail in a retaining wall found on the Southeast right-of-way line of Loop 288, (a
150 foot wide right-of-way at this point) and being the most Northerly Northeast corner of said
57.087 acre tract and the Northwest corner of said tract of land conveyed to Clarence L. Carter,
according to the deed recorded in Volume 708, Page 938, Deed Records, Denton County, Texas,
now conveyed to Denton Towne Crossing by deed recorded in County Clerks File Number 2002-
00104301 of the Deed Records of Denton County, Texas;
THENCE South 0° 38' 03" East along the West line of said Carter Tract, same being common to the
line of said Denton Towne Crossing tract recorded in Volume 4915 at Page 506 of the Deed
Records of Denton County, Texas for a distance of 306.71 feet to a 1/2 inch iron rod found for the
Southwest comer of said Carter tract;
THENCE North 89° 49' 45" East along the South line of said Carter tract and passing the Southeast
corner of same at a distance of 128.20 feet, said point of passing also being the Southwest corner
of a tract of land conveyed from Terry L. Mayville to Denton Towne Crossing by deed recorded in
Volume 4915 at Page 500 of the Deed Records of Denton County, Texas and all following along the
line of said Denton Towne Crossing tract recorded in Volume 4915 at Page 506 of the Deed
Records of Denton County, Texas for a total distance of 328.45 feet to a 3/4 inch iron rod found for
the Southeast corner of said Denton Towne Crossing tract recorded in Volume 4915 at Page 500 of
the Deed Records of Denton County, Texas, said point also being in the West line of a tract of land
conveyed to John Karvouniaris by deed recorded in Volume 3405 at Page 50 of the Deed Records
of Denton County;,
THENCE South 00° 35' 32" East and continuing along the West boundary line of said Karvouniaris
tract for a distance of 1019.12 feet to a 1/2 inch iron rod found for the Southwest corner of said
Karvouniaris tract;
PAGE 3
THENCE South 89° 32' 27" East along the South line of said Karvouniads tract for a distance of
189.08 feet to a 5/8 inch iron rod found on the West right-of-way line of Brinker Road (a 80 foot wide
right-of-way);
THENCE South 00° 33' 01" East along the West right-of-way line of said Bdnker Road for a distance
of 571.22 feet to a 1/2 inch iron rod found with a cap for the beginning of a tangent curve to the right
having a radius of 1060.00 feet;
THENCE along said curve to the right and along the West right-of-way line of said Bdnker Road,
said curve having a central angle of 23° 43' 49", an arc length of 439.02 feet and having a long
chord which bears South 11 o 18' 27" West at 435.89 feet to a 1/2 inch iron rod found with a cap at
the intersection of the Westedy right-of-way of said Brinker Road and the Northeasterly right-of-way
of the Union Pacific Railroad right-of-way recorded in Volume O, Page 67, Deed Records, Denton
County, Texas;
THENCE North 41° 24' 15" West along the Northeasterly right-of-way line of the Union Pacific
Railroad right-of-way, a distance of 2067.06 feet to a 1/2 inch iron rod found at the intersection of
said railroad right-of-way and a West line of the aforementioned 57.087 acres tract, from which a 1/2
inch iron rod bears South 01° 21' 16" East at 4.27 feet;
THENCE North 01 ° 09' 08" West along a West line of said 57.087 acre tract for a distance of 184.40
feet to a 1/2 inch iron red found with a cap on the Southeasterly right-of-way line of the
aforementioned Loop 288, from which a 1/2 inch iron rod found bears South 01 ° 09' 08" East at 7.56
feet;
THENCE along the Southeasterly right-of-way line of said Loop 288 as follows;
North 60° 11' 20" East for a distance of 147.28 feet to a 1/2 inch iron red found with a cap;
NoAh 54° 57' 05" East for a distance of 602.50 feet to a 1/2 inch iron rod found with a cap;
North 60° 11' 20" East at a distance of 149.88 feet passing a wood highway monument found, and
continuing on in all for a distance of 343.78 feet to the POINT OF BEGINNING and CONTAINING
38.4099 ACRES OF LAND, more or less.
Metes and Bounds Description
Prepared February 15, 2005
From Surveys.
By:
David Petree, RPLS
Registered Professional Land Surveyor No. 1890
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