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2004-085ORDINANCE NO. fiZ OZ/"Z; 5'- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 21.5 ACRES OF LAND GENERALLY LOCATED BETWEEN COLORADO BOULEVARD AND RAILS TO TRAILS RESERVATION APPROXIMATELY 825 FEET EAST OF BRINKER ROAD AND LEGALLY DESCRIBED AS TRACT 9 OF THE D. HOUGH SURVEY, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0036) WHEREAS, Epic Development Inc. initiated a change in zoning for approximately 21.5 acres of land more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property") from a Regional Center Residential 1 (RCR-1) zoning district classification and use designation to Regional Center Commercial Neighborhood (RCC-N) zoning district classification and use designation; and WHEREAS, on February 25, 2004, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning is consistent with the Comprehensive Plan and 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. SECTION 2. The zoning for the Property is hereby changed from a Regional Center Residential 1 (RCR-1) zoning district classification and use designation to Regional Center Commercial Neighborhood (RCC-N) zoning district classification and use designation. Notwithstanding the above 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 zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or thc 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. Page 1 of 2 SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be freed 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 ~ff.~/ day of ~,/~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION 2'1.5 ACRE EPIC DEVELOPMENT, INC. TRACT BEING 21.495 acres (936,336 square feet) of land located in the D. HOUGH SURVEY, Abstract No. 846, Denton County, Texas, being a part of that certain tract of land described in deed to Epic Development, Inc., recorded in Volume 5158, Page 1186 of the Real Property Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the North corner of said Epic Development, Inc. tract, lying in the South right-of-way line of Rails for Trails Dedication (old M.K. & T. Railroad right- of-way), relinquished by Volume "O", Page 67 of the Deed Records of Denton County, Texas; THENCE along the North boundary line of said Epic Development, Inc. tract and the South right-of-way line of said Rails for Trails as follows: S 63°17'59"E, 105.54 feet to a point; S 64°03'55"E, 1322.44 feet to a point at the beginning of a Curve to the Right; SOUTHEASTERLY along said Curve to the Right, having a radius of 1880.11 feet, a central angle of 17°29'33'' and a chord bearing S 56°31'50"E, 571.77 feet to a point at the most Easterly corner of said 21.5 acre Epic Development, Inc. tract; THENCE S 88044'19"E along the South boundary line of said Epic Development, Inc. tract, 1326.85 feet to a point at the most Northerly Northwest corner of Lot 5, Block 1, Denton Regional Medical Center Addition Phase 2, an addition to the City of Denton, Denton County, Texas, as shown by the plat recorded in Cabinet "Q", Page 305-307 of the Real Property Records of Denton County, Texas; THENCE S 88°41'06"W along the South boundary line of said Epic Development, Inc. tract and the North boundary line of Lots 4 & 5, of said Block 1, Denton Regional Medical Center Addition Phase 2, 460.96 feet to a point at the most Westerly South corner of said Epic Development, Inc. tract, being the most Northerly West corner of said Lot 4, Block 1, Denton Regional Medical Center Addition Phase 2 and the most Easterly corner of Lot 3, said Block 1, Denton Regional Medical Center Addition Phase 2; Page 1 of 2 W&A No. 03028 August 13, 2003 THENCE N 01°34'07"E along the West boundary line of said Epic Development, Inc. tract, being the East boundary lines of said Lot 3, Block 1, Denton Regional Medical Center Addition Phase 2 and another tract of land described in deed to Epic Development, Inc., recorded in Volume 3245, Page 699 of the Real Property Records of Denton County, Texas, 981.27 feet to the PLACE OF BEGINNING, containing 21.495 acres of land. Page 2 of 2 W&A No. 03028 August 13, 2003