The URL can be used to link to this page

2013-161s:llegallour documents\ordinances1131ca13-0001 denton bible comp plan.doc ORDINANCE NO. 2013-161 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A COMPREHENSIVE PLAN AMENDMENT FROM "EXISTING LAND USE" FUTURE LAND USE DESIGNATION TO "COMMUNITY MIXED USE CENTERS" FUTURE LAND USE DESIGNATION ON APPROXIMATELY 42.611 ACRES OF LAND. THE SUBJECT PROPERTY IS GENERALLY LOCATED WEST OF NOTTINGHAM DRIVE, NORTH OF M1NG0 ROAD, AND SOUTH OF UNIVERSITY DRIVE (US 380), WITHIN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (CA13-0001) WHEREAS, applicant, Allison Engineering, has applied for a change in the Comprehensive Plan for approximately 42.611 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"), from "Existing Land Use" future land use designation to "Community Mixed Use Centers" future land use designation; and WHEREAS, on May 22, 2013, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested amendment; and WHEREAS, on June 18, 2013 the City Council held a public hearing as required by law and r WHEREAS, the City Council finds that the change 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 "Existing Future Land Use" to "Community Mixed Use Centers". Notwithstanding the attached real property description, the Property being amended includes all property to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official land use map is amended to show the change in 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 provision of this ordinance are severable. s:llegallour documeutslordinances1131ca13-0001 denton bible comp plan.doc SECTION 5. Any person violating any �rovision 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 sha11 constitute a separate and distinct offense. SECTION 6. This ordinance shall become eff�ctive fourteen (14) days from the date of its passage, and the City Secretary is hereby directed t�, cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a r_aily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its pussage. PASSED AND APPROVED this the ��flday of �� _ , 2013. GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY , �� BY� �" � �� Z�L�-''i s:llegal\our documents\ordinances1131ca13-0001 denton bible comp plan.doc EXHIBIT A LEGAL DESCRIPTION s:\legallour documentslordinances\131ca13-0001 denton bibte comp plan.doc PROPERTY DESCRIPTION - EAST CAMPUS (NR3 ZONED) STATE OF TEXAS COiTNTY OF DENTON BEGINNINCi, AT A'/a-INGH IRON ROD FOUND; SAID POINT BE1NG IN TT� SOUTH RIGHT- OF-WAY LINE OF EAST UNIVERSITY DRIVE (U.S. tIIGHWAY 380, A VARIABLE WIDTH RIGHT-OF-WAY); SAID POINT BEING THE MOST NORTI�RLY NORTHEAST CORNER OF SAID DENTON BIBLE TRACT AND BEING TT-� NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN WARRANTY DEED WITII VENDOR'S LIEN FROM MISTRY ENTERPRISES, INC. TO SM7, INC. D.B.C. HIGHLAND POOD STORE RECORDED IN VOLUME 4311, PAGE 2828 OF SAID DEED RECORDS; THENCE, IN AN WESTERLY DIRECTION ALONG THE SOUTH LINE OF EAST LINIVERSITY DRIVE AND THE BEGINI�TING OF A NON-TANGENT CURVE TO THE RIGHT, "I'�IR�UGH A CENT'RAL ANGLE OF 23 DEGREES, 07 MINUTES, 17 SECONDS, A RADNS OF 3749.72 FEET, AN ARC DISTANCE OF 1014.16 FEET, ON A CHORD BEARING AND DISTANCE OF SOUTH 88 DEGREES, 03 MINLJT`ES, 21 SECONDS WEST, 1007.34 FEET TO TT� P�INT OF $EGINNING. TI�NCE, CONTINIJING IN AN EASTERLY DIRECTION ALONG THE SOUTH LINE OF EAST UNiVEItSITY DRIVE AND OF A NON-TANGENT CURVE TO Tf� RIGHT, T'HROUGH A CENTRAL ANGLE OF 23 DEGREES, 07 MR�]UTES, 17 SECONDS, A RADNS OF 3749.72 FEET, AN ARC DISTANCE OF 499.03 FEET, ON A CHORD BEARING AND DISTANCE OF SOUTH 88 DEGREES, 03 MINUT"ES, 21 SECONDS WEST, 498.65 FE ;T; Tf�',NCE, SOUTH 19 DEGREES, 15 MINUTES, 50 SECONDS EAST A DISTANCE OF 692.82 FEET; THENCE, SOUTH 20 DfiGREE5, 28 MINLTTES, 35 5ECOND5 EAST A DISTANCE OF 373.77 FEET; THENCE SOUTH 72 DEGREES, 23 MINiJTE5, 19 SECONDS EAST A DISTANCE OF 91.66 FEET; TT�NCE NORTH 6 DEGREES, 28 MIN[ITES, 50 SECONDS EAST A DISTANCE OF 11.08 FEET; T'f�NCE NORTH 0 DEGREES, 38 MII�TCTTES, 47 SECONJS EAST A DISTANCE OF 1054.88 FEET TO THE POINT OF BEGII�INING AND A TOTAL OF 7.1892 ACRES, s:\legallour documentslordinances1131ca13-0001 denton bible comp plan.doc PROPERTY DESCRIPTION - EAST CAMPUS (NRMU ZONED) STATE OF TEXAS COLJNTY OF DENTON BEGINTIING, AT A'/2-INCH IRON ROD FOUND; SAID POINT BEING IN TT� SOUTH RIGHT- OF-WAY LINE OF EAST UNIVERSITY DRIVE (U.S. T_IIGHWAY 380, A VARIABLE WIDTH RIGHT-OF-WAY); SAID POINT BEING THE MOST NORTHERLY NORTHEAST CORNER OF SAID DENTON BIBLE TRACT AND BEING TT3E NO:tTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN WARRANTY DEED WITH VENDOR'S LIEN FROM MISTRY ENTERPRISES, INC. TO SM7, 1NC. D.B.C. HIGHLAND rOOD STORE RECORDED IN VOLUME 4311, PAGE 2828 OF SAID DEED RECORDS; TT-�NCE, SOUTH 0 DEGREES, 52 MINUTES, 49 SECONDS WEST, DEPARTING TI� SAID SOUTH LINE OF EAST UNIVERSITY DRIVE AND ALONG THE WEST LINE OF SAID SM7 INC. TRACT, A DISTANCE OF 140.11 FEET TO A'/Z-INCH IRON ROD FOiJND AT TI� SOUTHWEST CORNER OF SAID SM7 INC. TRACT; THENCE, SOUi'H 80 DEGREES, 44 MINUTES, 29 SECONDS EAST, ALONG T'HE SOUT'H LINE OF SAID SM7 INC. TRACT, A DISTANCE OF 181.90 FEET TO A'h INCH IRON ROD FOiTND AT T'HE SOU'I'HEAST CORNER OF SAID SM7 INC. TRACT; 5AID POINT BEING IN T'HE WEST LINE �F A TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED FROM BRE-N, INC, TO DENTON VILLAGE EAST APARTMENTS, LP. RECORDED IN COUN'1'Y CLERK FILE NUMBER 97-068469 OF SAID DEED RECORDS; THENCE, S�UTHERLY, ALONG THE WESTERLY L1NES OF SAID DENTON VILLAGE EAST APARTMENTS, LP. TRACT, TI� FOLLOWING FOUR CALLS; SOUTH 0 DEGREES, 54 MINUTE5, 19 SECONDS WEST, A DISTANCE OF 240.38 FEET TO A 5/8 INCH IRON ROD FOUND FOR CORNER; SOUTIi 42 DEGREES, 35 MINLTTES, 15 SECONDS WES i A DISTANCE OF 169.08 FEET TO A 5/8 INCH IRON R�D FOiJND FOR CORNER; SOUTH 12 DEGREES, 39 MINUTES, 58 SECONDS EAST, A DISTANCE OF 220.17 FEET TO A'/a- INCH IRON ROI7 FOUND AT AN ANGLE POINT; SOUTH 11 DEGREES, 30 MINUTES, 48 SECONDS EAST, A DISTANCE OF 273.69 FEET TO A'/x- INCH IRON ROD WITH "PACHECO KOCH" CAP SET FOR CORNER ON TT3E NORTH RIGHT- OF-WAY LINE OF MINGO ROAD (A VARIABLE WIDTH RIGHT-OF-WAY, 110-FEET WIDE AT THIS POINT); FROM WIIICH A'/z-INCH IRON ROD WITH "PACHECO KOCH" CAP FOUND AT THE SOUTHWEST CORNER OF SAID DENTON VII..LAGE EAST APARTMENTS, LP, TRACT BEAR5 SOiJTFI 12 DEGREES, 16 MINiJTES, 07 SECONDS EAST, A DISTANCE OF 50.31 FEET; s:llegallour documents\ordinances\131ca13-0001 denton bible comp plan.doc TI-IENCE, SOUTH 69 DEGREES, 13 MINUTE5, 38 SECOi�TDS WEST, ALONG THE SAID NORTH LINE OF MINGO ROAD, A DISTANCE OF 1231.91 F�ET TO A'/z INCH IRON ROD WITH "PACHECO KOCH" CAP SET FOR CORNER ON 'THE EAST LINE OF TI� REMAINDER OF A TRACT OF LAND DESCRIBED IN A DEED TO DENTON BIBLE CIii.TRCH RECORDED IN VOLUME 2495, PAGE 675 OF SAID DEED RECORDS; THENCE, SOLJTH 69 DEGREES, 13 MINU'TES, 38 SECGi�IDS WEST, PASSING AT A DISTANCE OF 481.15 FEET; THENCE, NORTH 44 DEGREES, 13 MINLJT'ES, 09 SECONDS WEST A DISTANCE �F 40.15 FEET; TI�NCE, NORTHERLY BEING TF� BEGINTIING OF E!. NON-TANGENT CURVE 'TFIROUGH A CENTRAL ANGLE OF 15 DEGREES 49 MINUTES 09 SECONDS, A RADIUS OF 460.00 FEET, AN ARC DISTANCE OF 127.00 FEET, �N A CAORD BEARING AND DISTANCE OF NORTH 04 DEGREES, 20 MINUTES, 11 SECONDS EAST, 126.61 FEET; TT3ENCE, ALONG SAID CURVE WITH A CENTRAL ANGLE OF 29 DEGREES 40 MINU"i'ES 23 SECONDS, A RADIUS OF 460.00, AN ARC DI5TANCE OF 238.23, �N A CHORD BEARING AND DISTANCE OF NORTH 27 DEGREES, 07 MINiJTES, 14 S�CONDS EAST, 235.58 FEET; TI�NCE, BEING THE BEGII�TNING OF A NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 61 DEGREES, 28 MINUTES, 42 SECONDS, A RADIUS �F 540.00 F'EET, AN ARC DISTANCE OF 579.42 FEET, ON A CH�RD BEAR=NG AND DISTANCE OF NORTH -08 DEGREES, 42 MINUTES, 55 SECONDS EAST, 553.94 FEET; 'TI�,NCE, SOUTH 20 DEGREES, 28 MINiJTES, 35 SE�ONDS EAST A DISTANCE OF 373.77 FEET; THENCE, SOITI'�I 72 DEGR.EES, 23 MIN[JTES, 19 5ECONDS EAST A DISTANCE OF 91.66 FEET; TE�NCE, NORTH 6 DEGREES, 28 MINUTES 50 SECONDS EAST 11.08 FEET; Tf�NCE NORTfi 0 DEGREES, 38 MINUT'ES, 47 SECONDS EAST A DISTANCE OF 1054.88 FEET; `IT�NCE, IN AN EASTERLY DIRECTION ALONG Tf� SOUTH LINE OF EAST iTTIIVERSITI' DRIVE AND T'f� BEGII�INING OF A NON-TANGENT CURVE TO THE RIGHT, THROUGH A CENTR.t1L ANGLE OF 23 DEGREES, 07 MINUTES, 17 SECONDS, A RADIUS OF 3749.72 FEET, AN ARC DISTANCE OF 1014.16 FEET, ON A CHORD BEARING AND DISTANCE OF NORTH 88 DEGREES, 03 MINUTES, 21 SECONDS EAST, 1007.39 FEET TO A%s INCH IRON ROD FOUND AT A TXDOT WOOD RIGHT-OF-WAY MARKER AT THE END OF SAID CURVE TO THE POINT OF BEGINNING FOR A TOTAL OF 35.422 ACRES. s:llegallour documentslordinances113\ca13-0001 denton bible comp plan.doc � �� ,. ` �`�.:�cs� , ->, ��` a ; � ..r— ��1 � ��,�!r'� — � � tSi 4 � � t� I � � ,� — S° 1� . ! � _-_ , _ � � „�, , �,,, . I �'��„< ��' i '�°``P^ �;f - - ��. ,... :�,, �� r'' � I� � i EXHIBIT B SURVEY �� .r ��=.�� .::: � � � ;:a:.. _..�..- _.� � v , ��.: o, ._.�.._...,. w,� �:�:�-:v�'.-.':�, M';..:�:,�: � s..�,. ��..�.��...�...�._m,.�..�.� - , _.�.�.. . ��..�. _:`a'_..... e,....a, .. ...�. �rr� �`��.�, – o.am�.,._..,.� ...pm..o..s_.�.�. r ( „��. �.�- - » .vr.: .c..:- e_.e , � �..�a��- ensr � � ��'"��iw�°.,97m �'�::.�Y.e�io."3 CAMPUS j'� , .m.�o.s..... ve.w...�.i.. 1�i � �'J:SSd �.......�e� �.��:.�»"�.�..�:��... ��, �..o...�, ��,,,�.�' . , r — — � �1 � �a« �}� # � s�� lJ � � � � t : R � ^ � �� 1 OF 2