2012-2491lcodad\departmentsllegallour documentslordinances1121ca12-0001 (2).doc
ORDINANCE NO. 2O 12-249
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
COMPREHENSIVE PLAN AMENDMENT FROM AN EXISTING LAND USE/1NFILL
COMPATIBILITY FUTURE LAND USE DESIGNATION TO A DOWNTOWN
UNIVERSITY CORE FUTURE LAND USE DESIGNATION FOR APPROXIMATELY 13.31
ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY
500 FEET WEST OF NORTH TEXAS BOULEVARD AND LEGALLY DESCRIBED AS A
TRACT OF LAND SITUATED 1N THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO.
996, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT
OF LAND AS DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED 1N
VOLUME 294, PAGE 121, AND VOLUME 291, PAGE 82 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS, AND BEING ALL OF LOT 1, BLOCK 1 OF THE F1NAL
PLAT OF SHERATON NORTH TEXAS ADDITION, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, RECORDED IN CABINET C, PAGE 400, OF THE
PLAT RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY 1N THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE. (CA12-0001)
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999 —
2020; and
WHEREAS, the University of North Texas, working in partnership with the City of
Denton and a private developer, has applied for an amendment to the Comprehensive Plan for
the City of Denton, Texas, for approximately 13.31 acres of land from an "Existing Land
Use/Infill Compatibility" future land use designation to a"Downtown University Core" future
land use designation; and
WHEREAS, on August 8, 2012, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested Comprehensive
Plan amendment; and
WHEREAS, on September 18, 2012, the City Council concluded a public hearing as
required by law, and finds that the finds that the Comprehensive Plan amendment is in the best
interests of the health, safety and general welfare of the citizens of the City of Denton, Texas;
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 and found to be true.
SECTION 2. The future land use designation for approximately 13.31 acres of land
described in Exhibit "A", attached hereto and incorparated herein, being a tract of land situated
in the Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas, and being a portion of
that certain tract of land as described in deed to the State of Texas, recorded in Volume 294,
Page 121, and Volume 291, Page 82 of the deed records of Denton County, Texas, and being all
of Lot 1, Block 1 of the Final Plat of Sheraton North Texas Addition, an addition to the City of
Denton, Denton County, Texas, recorded in Cabinet C, Page 400, of the plat records of Denton
County, Texas, which for all purposes herein (the "Property"), is hereby changed from an
"Existing Land Use/Infill Compatibility" land use designation to a"Downtown University Core"
land use designation. Notwithstanding the attached real property description, the property's
future land use designation includes all property to the centerline of all adjacent street rights-of-
way.
SECTION 3. The City's official future land use map is amended to show the change in
the designation from an "Existing Land Use/Infill Compatibility" future land use designation to a
"Downtown University Core" future 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 of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the � day of �/�Z 11�C�1� , 2012.
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MARK . BU GH�, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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ExhibitA
LEGAL DESCRIPTION
BEING A 13.3058 ACRE TRACT OF LAND SITUATED IN THE EUGENE PUCHALSKI SURVEY,
ABSTRACT NO. 996, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN
TRACT OF LAND AS DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME
294, PAGE 121, AND VOLUME 291, PAGE 82 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS, AND BEING ALL OF LOT 1, BLOCK 1 OF THE FINAL PLAT OF SHERATON NORTH TEXAS
ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN
CABINET C, PAGE 400, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. SAID 13.3058
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING at a 1/2 inch iron rod found for the northwest corner of said Lot 1, Block A and lying in the
south right-of-way line of Interstate Highway 35-E (Variable Width R.O.W.), from which a 1/2 inch iron rod
found bears N 34˚ 13' 02” E, a distance of 2.59 feet;
THENCE S 61° 39' 33" E, along the north line hereof, and said south right-of-way line, passing at a
distance of 71.32 feet, a TXDOT monument found with 3 inch aluminum disk, continuing in all a total
distance of 101.33 feet, to a TXDOT monument found with 3 inch aluminum disk, also being the
beginning of a curve to the left having a central angle of 3° 56' 07”, a radius of 11206.62 feet, a chord
which bears S 63° 22' 23” E, and a chord length of 769.53 feet;
THENCEalong said curve to the left an arc length of 769.68 feet, to a 1/2 inch iron rod found for corner;
THENCE S 65° 20' 05" E, continuing along the north line hereof, and said south right-of-way line, a
distance of 70.36 feet, to a 1/2 inch iron rod found being the northeast corner of said Lot 1, Block A;
THENCE S 65° 04' 27" E, a distance of 214.42 feet, to a 5/8 inch capped iron rod set and stamped TNP
for the northeast corner hereof, from which a 1/2 inch iron found bears S 65˚ 04’ 27” E, a distance of
224.11 feet;
THENCE over and across said State of Texas tracts the following nine (9) courses and distances:
S 20° 55' 26" W, along the east line hereof, passing at a distance of 32.93 feet, a PK Nail found
lying in the proposed south right-of-way line of said Interstate Highway 35-E, continuing in all a
total distance of 196.29 feet, to a 5/8 inch capped iron rod set and stamped TNP for corner, also
being the beginning of a curve to the left having a central angle of 29° 32' 07”, a radius of 333.94
feet, a chord which bears S 65° 11' 19” W, and a chord length of 170.24 feet;
Along said curve to the left an arc length of 172.14 feet, to a 5/8 inch capped iron rod set and
stamped TNP for corner, also being the beginning of a reverse curve to the right having a central
angle of 15° 07' 01”, a radius of 491.13 feet, a chord which bears S 56° 09' 37” W, and a chord
length of 129.20 feet;
Along said reverse curve to the right an arc length of 129.58 feet, to a 5/8 inch capped iron rod
set and stamped TNP for corner, also being the beginning of a reverse curve to the left having a
central angle of 17° 16' 55”, a radius of 408.58 feet, a chord which bears S 53° 59' 05” W, and a
chord length of 122.77 feet;
Along said curve to the left an arc length of 123.24 feet, to a 5/8 inch capped iron rod set and
stamped TNP for the southeast corner hereof;
N 66° 21' 54" W, a distance of 724.13 feet, to a 5/8 inch capped iron rod set and stamped TNP for
the southwest corner hereof;
N 09° 25' 45" W, a distance of 446.95 feet, to a 5/8 inch capped iron rod set and stamped (TNP)
for an angle point hereof;
N 28° 27' 59" E, a distance of 129.60 feet, to a 5/8 inch capped iron rod set and stamped TNP for
corner and lying in said proposed south right-of-way line of Interstate Highway 35-E;
S 61° 52' 24" E, along said proposed south right-of-way line, a distance of 30.19 feet, to a 5/8
inch capped iron rod set and stamped TNP for corner, also lying in the west line of said Lot 1,
Block A;
N 28° 34' 57" E, along the west line of said Lot 1, Block A and the west line hereof, a distance of
91.93 feet, to the POINT OF BEGINNING, and containing 13.3058 acres of land more or less.