2012-336
sAlegallour documentslordinances\121ca12-0003.docx
ORDINANCE NO. 2012-336
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR
COMPREHENSIVE PLAN AMENDMENT FROM A "NEIGHBORHOOD CENTERS"
FUTURE LAND USE DESIGNATION TO A "COMMUNITY MIXED USE CENTERS"
FUTURE LAND USE DESIGNATION; ON APPROXIMATELY 2.2 ACRES OF LAND
LOCATED ON THE WEST SIDE OF TEASLEY LANE (2181), BETWEEN HICKORY
CREEK ROAD TO THE NORTH AND OLD ALTON ROAD TO THE SOUTH, IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND
AN EFFECTIVE DATE (CA 12-0003).
WHEREAS, Bob Shelton (Shelton Development) has applied for a change in the
Comprehensive Plan for approximately 2.2 acres of land legally described in Exhibit "A" and
depicted in Exhibit "B", attached hereto and incorporated herein by reference (hereinafter, the
"Property) from a "Neighborhood Centers" future land use designation to a "Community Mixed
Use Centers" future land use designation; and
WHEREAS, on October 24, 2012, the Planning and Zoning Commission recommended
approval (7-0) of the change in the Comprehensive Plan future land use designation; and
WHEREAS, on December 4, 2012, the City Council concluded a public hearing as
required by law and finds that the change meets and complies with all substantive and procedural
standards set forth in Section 35.3.3 of the Denton Development Code, and is consistent with the
Denton Plan and the 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 as true.
SECTION 2. The future land use designation for the Property is hereby changed from
"Neighborhood Centers" to "Community Mixed Use Centers". Notwithstanding the attached
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 future land use map is amended to show the change in
the 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.
I
s:llegallour documentslordinances1121ca12-0003.docx
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 01 day of , 2012.
M A. BURRO GHS, MA ORk6 p
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
sAlegahour documents\ordinances\12\cal2-0003.doex
EXHIBIT A
LEGAL DESCRIPTION
Commercial Zoning (CM-G) Trad
2.262 Acres
S. A. Venters Survey. Abstract No. 1315 i
City of Denton, Renton County, Texas
BEING a tract of land situated in the S. A. Venters Survey, Abstract No, 1316, City of Renton, Denton
County, Texas, anfl being a portion of a called 10.4 acre tract of land, conveyed to Robert L. Ramsey and
wife, Barbara J. Wallace, as evidenced In a General Warranty Deed, recorded in V01UMe 3075, Page 882
of the Official Public Records of Denton County, Texas, and being more particularly do*xAbod by metes
and bounds as follows:
BEGINNING at a corner on the north line of said 10.0 are tract and the Southeast corner of a called
12,781 aom tract of land, eonveyed to HC 2181 Retail LLC, as evidenced in a Special Warranty 10,0w,
recorded In Instrument No. 2012-62002 of the Official Public Records of Menton County, Texas, same
being the northwest corner of a called 0.2797 acre tract of land, conveyed to the State or Texan, as
evidenced In a Fight of Way Reed, recorded in Instrument No, 2014-31808, of the Official Public. Records
of Denton County, Texas, same also {wing on the curving west right of way line of Teasley Lane (F. m.
2181). a variable width right of way, said curve beano a non-tangent curve to the right;
THENCE In a southerly direction, departing the north line of said 10 acre tract, along the wasl line of said
0.2707 acre Iract:, the west right of way line of said Teasley Lane (F, M. 2181), and along the arc of said
curve to the right, through a central angle of 00°26'46 having a radlus of :22,848.31 feet, a cliord bearing
of South 0000529" West, a chord distance of 166,78 feet and an are length of 160, 78 feet to the end of
said curve;
THENCE South 40°113`41" West, continuing along the west line of said 0.2797 acre tract and the west
right of way lino of said Teasley Lane (F. M. 2181), a distarlca of 233.22 feet to a corner;
'THENCE North 89°41'59" West, departing the west line of said 0.2797 acre tract, the west right of way
lire of said Teasley Lane IF. M, 2181), and crossing said 10.0 acre If act, a distance of 246,00 feet to a
Got-nor;
THENCE North 00°18'01" East, continuing across said 10.0 acre tract, a distance of 404,77 feet to a
corner on the north line of said 10.4 acre tract and the south line of ,aforftald 12384 acre tract;
THE-NGE South 88"34'55" East, along the north line of said 10.0 acre tract and the south line of said
12.784 acre tract. a distance of 244,44 feet to tare POINT OF t3EGI ININf3 and containing 2.262 acres of
land.
This document was prepared under 22 TAG §663.2f, does not reflect the results of an on the ground
survey, and Is rkol to to used to convey or establish Interests In real property except those rights and
Intorests implled or established by the crealioaa Or reconligurallon of the boundary of the political
subdivision for which it was prepared.
Michas! B, Mark OF 7
-
1'
Registered Profeaslonal Land Surveyor No. 6181 . ` lam' ~j #k
Klrnloy-Horn and Associates, Inc. } ' e 4
5760 Genesis Court, Suite 200 .....r.' .
Frisco, Texas 76034 It ,MICHAEL B MAPX k
P11- 072-3315-3680 .
rnicliael.marx@k~ mley-Itorn.com
~ t,v
v s u R1
I
s:Uegal\our documents\ordinances\12\cal2-0003.doex
EXHIBIT
LOCATION A
i duu
ji,
F ~ ~ I
a
1
r _ -
1"T I'
i
i
ro, rir I f~/ ,
e,
i
r y
~ I I f
i
I
Ij
i