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.
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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
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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;
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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.
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W&A No. 03028
August 13, 2003