2003-134AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER
COMMERCIAL DOWNTOWN (RCC-D) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR APPROXIMATELY 6.0 ACRES OF LAND GENERALLY LOCATED
ALONG THE WEST SIDE OF 1-35, APPROXIMATELY 1600 FEET NORTH OF SCHUYLER
DRIVE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A
SEVER_ABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0008)
WHEREAS, Mike Semrau has applied for a change in zoning for approximately 6.0 acres of
land, 2 acres of which are described as Lot 1, Block A of the 1-35 RV Center, an addition to the City
of Denton and the remaining 4 acres of which are particularly described in Exhibit "A" attached
hereto and made a part hereof as Exhibit "A" (such 6 acres being hereinafter called the "Property")
from Regional Center Commercial Neighborhood (RCC-N) zoning district classification and land
use designation to Regional Center Commercial Downtown (RCC-D) zoning district classification
and use designation; and
WHEREAS, on April 9, 2003, the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, the City Council finds that the change is consistent with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The zoning district classification and use designation of the Property
approximately is hereby changed from Regional Center Commercial Neighborhood (RCC-N) zoning
district classification and land use designation to Regional Center Commercial Downtown (RCC-
D)zoning district classification and use.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. 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 4. 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 5. 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 ~P~.t~ ,2003.
EUL1NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT "A"
32989
TRACT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE B.B.B, & C.R.R. SURVEY, ABSTRACT NUMBER 141, AND
BEING PART OF THE TRACT OF LAND DESCRIBED IN THE DEED TO DAVID
ANGEL RECORDED IN VOLUME 3158, PAGE 372 OF THE REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
BEGINNING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF LOT
1, BLOCK A OF 1-35 RV CENTER AS SHOWN BY THE PLAT THEREOF
RECORDED IN CABINET U, PAGE 542 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS IN THE SOUTH LINE OF LOT 1, BLOCK 1 OF
WESTERN HILLS BUSINESS PARK AS SHOWN BY THE PLAT THEREOF
RECORDED IN CABINET M, PAGE 300 OF THE SAID PLAT RECORDS;
THENCE SOUTH 00 DEGREES 13 MINUTES 24 SECONDS EAST WITH THE
WEST LINE OF THE 1-35 RV CENTER A DISTANCE OF 60.56 FEET TO A
FOUND IRON PIN AT AN ANGLE POINT IN SAID WEST LINE;
THENCE SOUTH 00 DEGREES 15 MINUTES 00 SECONDS WEST WITH THE
WEST LINE OF THE 1-35 RV CENTER A DISTANCE OF 335.80 FEET TO A
FOUND IRON PIN AT THE SOUTHWEST CORNER OF THE 1-35 RV CENTER
IN THE WEST LINE OF A TRACT OF LAND DESCRIBED IN THE DEED TO
MARY BESS MILLER AND J.A. MILLER RECORDED UNDER CLERKS FILE
NUMBER 9~R0001872 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 50 MINUTES 00 SECONDS WEST A
DISTANCE OF 219.80 FEET TO A SET IRON PIN WITH A YELLOW PLASTIC
CAP STAMPED "METROPLEX 1549";
THENCE NORTH 00 DEGREES 15 MINUTES 00 SECONDS EAST A
DISTANCE OF 396.36 FEET TO A SET IRON PIN WITH A YELLOW PLASTIC
CAP STAMPED "METROPLEX 1849" IN THE SOUTH LINE OF WESTERN
HILLS BUSINESS PARK;
THENCE NORTH 89 DEGREES 50 MINUTES 00 SECONDS EAST A
DISTANCE OF 219.30 FEET TO THE POINT OF BEGINNING, CONTAINING
2.000 ACRES OF LAND,
32989
TRACT B
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NUMBER 141, AND
BEING PART OF THE TRACT OF LAND DESCRIBED IN THE DEED TO DAVID
ANGEL RECORDED IN VOLUME 3158, PAGE 372 OF THE REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS;
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF
LOT 1, BLOCK A OF 1-35 RV CENTER AS SHOWN BY THE PLAT THEREOF
RECORDED IN CABINET U, PAGE 542 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS IN THE SOUTH LINE OF LOT 1, BLOCK 1 OF
WESTERN HILLS BUSINESS PARK AS SHOWN BY THE PLAT THEREOF
RECORDED IN CABINET M, PAGE 300 OF THE SAID PLAT RECORDS;
THENCE SOUTH 00 DEGREES 13 MINUTES 24 SECONDS EAST WITH THE
WEST LINE OF THE 1-35 RV CENTER A DISTANCE OF 60.56 FEET TO A
FOUND IRON PIN AT AN ANGLE POINT IN SAID WEST LINE;
THENCE SOUTH 00 DEGREES 15 MINUTES 00 SECONDS WEST WITH THE
WEST LINE OF THE 1-35 RV CENTER A DISTANCE OF 335.80 FEET TO A
FOUND IRON PIN AT THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED TRACT AT THE SOUTHWEST CORNER OF THE 1-35 RV
CENTER IN THE WEST LINE OF A TRACT OF LAND DESCRIBED IN THE
DEED TO MARY BESS MILLER AND J.A. MILLER RECORDED UNDER
CLERKS FILE NUMBER 99-R0001872 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 15 MINUTES 00 SECONDS WEST WITH THE
WEST LINE OF MILLER TRACT A DISTANCE OF 396.38 FEET TO A SET
IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849";
THENCE SOUTH 89 DEGREES 50 MINUTES 00 SECONDS WEST A
DISTANCE OF 219.80 FEET TO A SET IRON PIN WITH A YELLOW PLASTIC
CAP STAMPED "METROPLEX 1849";
THENCE NORTH 00 DEGREES 15 MINUTES 00 SECONDS EAST A
DISTANCE OF 396.36 FEET TO A SET IRON PIN WITH A YELLOW PLASTIC
CAP STAMPED "METROPLEX 1849";
THENCE NORTH 89 DEGREES 50 MINUTES 00 SECONDS EAST A
DISTANCE OF 219.80 FEET TO THE POINT OF BEGINNING, CONTAINING
2.000 ACRES OF LAND;