Z20-0002bS:\Legal\Our Documents\Ordinances\20\Z19-0012 - Canopy Trails Rezoning.Docx
ORDINANCE NO. Z20 -0002b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM LIGHT INDUSTRIAL (LI) AND
GENERAL OFFICE (GO) TO MIXED-USE REGIONAL (MR) ON APPROXIMATELY 98
ACRES, INCLUDING ONE ACRE GENERALLY LOCATED AT THE NORTHWEST
INTERSECTION OF SOUTH LOOP 288 AND SHADY OAKS DRIVE (TRACT 1); 72.76
ACRES LOCATED AT THE SOUTHWEST CORNER OF SOUTH LOOP 288 AND SHADY
OAKS DRIVE (TRACT 2), AND 24.14 ACRES LOCATED ON THE SOUTH SIDE OF SHADY
OAKS DRIVE (TRACT 3), LOCATED APPROXIMATELY 1900 FEET WEST OF SOUTH
LOOP 288, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN
AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z19-0012)
WHEREAS, Medjano Partners, has applied for a zoning change on approximately 98 acres
of land legally described in Exhibit "A", attached hereto and incorporated herein by reference
(hereinafter, the "Property"), from Light Industrial (LI) and General Office (GO) Districts to
Mixed -Use Regional (MR) District zoning district and use classification; and
WHEREAS, on March 4, 2020, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, gave the requisite notices by publication and otherwise, and held a
public hearing and afforded a full and fair hearing to all property owners interested in this regard,
and recommended approval (6-0) of the amendment; and
WHEREAS, on June 16, 2020, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and procedural
standards set forth in Section 2.7.2 of the Denton Development Code, and is consistent with the
Denton Plan 2030 and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; 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 zoning district and use classification for the Property is hereby changed
from Light Industrial (LI) and General Office (GO) Districts to Mixed -Use Regional (MR)
District.
SECTION 3. The City's official zoning map is hereby amended to show the change in the
zoning district and use classification.
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 the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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.
The motion to approve this ordinance was made by and
seconded by,the ordinance was passed and approved by
the followin to[G�. -
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5: +�
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this, the -L(�d'dy of , 2020.
ZZCHRI ATS, MAYO
Page 2 of 3
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:'
"J-J)e-xcl`( ex" say t Y
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
��U' N
Page 3 of 3
LEGAL DESCRIPTION
EXHIBIT A, PART 1
BEING a tract of land situated in the MARYL. AUSTIN SURVEY, Abstract No. 4, situated in the City of Denton,
Denton County, Texas and
embracing all of Exhibit A, Part 1, being a 72.761 acre tract of land described in the deed to Medanjo Partners,
Ltd., as recorded in County
Clerk Document No. 2015-764 of the Real Property Records of Denton County, Texas and being more
particulariy described as follows:
BEGINNING at a 5/8" iron rod found at the southeast corner of said 72.761 acre tract, the northeast comer of
Lot 2-R of MID STATES REALTY
SUBDIVISION, an addition to the City of Denton , Denton County, Texas according to the plat thereof recorded
in Cabinet Q, Page 8 of the Plat
Records of Denton County, Texas and being in the west right-of-way line of Loop 288 (having a variable width
right-of-way);
THENCE North 88'00'31" West, along the south line of said 72.761 acre tract and the north line of said Lot 2-R,
to and along the north line of
the 14.48 acre tract of land described in the deed to Carton Services Corporation as recorded in County Clerk
Document No. 2009-82990 of
said Real Property Records, a distance of 994.90 feet to a 5/8" iron rod found forthe northwest comer of said
14.48 acre tract and the northeast
corner of a 17 acre tract of land described in the deed to American Legion Post #71 as recorded in Volume
561,Page 464 of said Real Property
Records;
THENCE North 87"54'09" West, along the south line of said 72.761 acre tract and the north line of said 17 acre
tract, a distance of 570.78 feet
to aY2" capped iron rod found marked "WAin for the southwest comer of said 72.761 acre tract and the southeast
corner of Brinker Road
right-of-way as dedicated in County Clerk Document No. 2008-21943 of said Real Property Records;
THENCE generally northerly along the west line of said 72.761 acre tract and the east right-of-way line of said
Brinker Road the following:
North 2°01'37" West, a distance of 1303 52 feet to a W capped iron rod found marked "WAI";
South 87'55'08" West, a distance of 21.23 feet to a'/2' capped iron rod found marked "WAI";
North 2°04'52" West, a distance of 308.70 feet to a W capped iron rod found marked "WAI" for a northwesterly
comer of said 72.761 acre tract
and the southerly corner of a comer clip for said east right-of-way line of Brinker Road and the southerly right-
of-way line of Shady Oaks
Boulevard as dedicated in said County Clerk Document No. 2008-21943 (having a variable width right-of-way);
THENCE North 32"38'59" East, along said corner clip, a distance of 61.48 feet to a'/2' capped iron rod found
marked "WAI" for a northwesterly
corner of said 72. 761 acre tract and the easterly corner of said corner clip and being in said southerly right-of-way
line of Shady Oaks
Boulevard;
THENCE generally easterly along the north line of said 72. 761 acre tract and the south right-of-way line of
Shady Oaks Boulevard the following:
North 82°55'08" East, a distance of 337.62 feet to a point at the beginning of a tangent curve to the left;
along said curve to the left, having a central angle of 20°40'27", and arc length of 380.68 feet, a radius of
1055.00 feet, and a long chord bearing
and distance of North 72°34'53" East, 378.62 feet to a to a W capped iron rod found marked "WAI";
South 27°45'20" East, a distance of 20.00 feet to a'/2' capped iron rod found marked "WAI" at the beginning of a
non -tangent curve to the left;
along said curve to the left, having a central angle of 3"09'06", an arc length of 59.13 feet, a radius of 1075.00 feet,
and a long chord bearing
and distance of North 60"40'07" East, 59.12 feet to a/2'- capped iron rod found marked "WAI";
North 59°05'34" East, a distance of 319.62 feet to a'/2' capped iron rod found marked "WAI" at the beginning of
a tangent curve to the right;
along said curve to the right, having a central angle of 7"58'55", an arc length of 114.93 feet, a radius of 825.00
feet, a chord bearing and
distance of North 63°05'01" East, 114.84 feet to a/2' capped iron rod found marked "WAI"
North 22'55'33" West, a distance of 20.00 feet to a'/2' capped iron rod found marked "WAI" at the beginning of
a non -tangent curve to the right:
along said curve to the right, having a central angle of 27"38'25", an arc length of 407 .64 feet, a radius of
845.00 feet, and a chord bearing and
distance of North 80°53'40" East, 40370 feet to a'/2' capped iron rod found marked "WAI"
South 85u17'08" East, a distance of 145.81 feet to a'/2' capped iron rod found marked "WAI" for a northeasterly
comer of said 72 .761 acre tract
and the westerly corner of a corner clip for said southerly right-of-way line of Shady Oaks Drive and said westerly
right-of-way line of Loop 288;
THENCE South 40"17'08" East, along said corner clip, a distance of 24. 76 feet to a'/i' capped iron rod found
marked • -WAI" for a northeasterly
corner of said 72. 761 acre tract and the southerly corner of said corner clip and being in said westerly right-of-
way line of Loop 288;
THENCE southerly along the easteriy line of said 72.761 acre tract and said westerly right-of-way line of Loop
288 the following:
South 1 °57'03" West, a distance of 490.66 feet to a'/z" iron rod found from which a rejected aluminum cap
monument bears South 37°23'05"
West, a distance of 2.90 feet;
South 1u15'52" West, a distance of 376.89 feet to a'/2" iron rod found from which a rejected aluminum cap
monument bears South 23u23'07"
West, a distance of 3.87 feei
South 0°55'59" West, a distance of 460.72 feet to a'/2' capped iron rod found marked "WAI";
for a northeasterly
corner of said 72. 761 acre tract and the southerly corner of said corner clip and being in said westerly right-of-
way line of Loop 288;
THENCE southerly along the easteriy line of said 72.761 acre tract and said westerly right-of-way line of Loop
288 the following:
South 1 °57'03" West, a distance of 490.66 feet to a'/z" iron rod found from which a rejected aluminum cap
monument bears South 37°23'05"
West, a distance of 2.90 feet;
South 1u15'52" West, a distance of 376.89 feet to a'/2" iron rod found from which a rejected aluminum cap
monument bears South 23u23'07"
West, a distance of 3.87 feei
South 0°55'59" West, a distance of 460.72 feet to a'/2' capped iron rod found marked "WAI";
South 1 "25'37" West, a distance of 467.35 feetto a'/2' capped iron rod found marked "WAI" atthe north corner
of said 0.064 of an acre tract,
and the beginning of a tangent curve to the right;
along the west line of said 0.064 of an acre tract and said curve to the right. having a central angle of 7'18'46",
an arc length of 358 09 feet, a
radius of 2805 59 feet, and a long chord bearing and distance of South 5°05'09" West, 357 85 feet POINT OF
BEGINNING and containing
72. 7612 acres or 3,169,477 square feet of land.
EXHIBIT A, PART 2
BEING a tract of land situated in the MARYL. AUSTIN SURVEY, Abstract No. 4, situated in the City of Denton,
Denton County, Texas and
embracing all of Exhibit A, Part 2, being a 1.000 acre tract of land described in the deed to Medanjo Partners,
Ltd., as recorded in County Clerk
Document No. 2015-764 and being more particularly described as follows:
BEGINNING at a'/2' capped iron rod found marked "WAI' for the northeast corner of said 1.000 acre tract and
the southeast corner of the 1.54
acre tract of land described in the deed to Leslee Ann Hitt, as recorded in County Clerk Document No. 99-
0122248 of said Real Property
Records and being in the west right-of-way line of Loop 288 (having a variable width right-of-way);
THENCE South 0"23'45" West, along the east line of said 1.000 acre tract and said west right-of-way line of
Loop 288, a distance of 91.44 feet
to a'/2" capped iron rod found marked "WAI" for a southeasterly comer of said 1.000 acre tract and the northerly
corner of a corner dip for said
westerly right-of-way line of Loop 288 and the northerly right-of-way line of Shady Oaks Boulevard;
THENCE South 49'42'52" West, along said corner clip, a distance of 24.07 feet to a'/2' capped iron rod found
marked "WAI" for a southeasterly
corner of said 1.000 acre tract and the southerly corner of said corner clip and being in said northerly right-of-way line
of Shady Oaks Boulevard;
THENCE generally westerly along the south line of said 1.000 acre tract and said northerly right-of-way line of
Shady Oaks Boulevard the
following:
North 85"17'08" West, a distance of 136.86 feet to a point at the beginning of a tangent curve to the left;
along said curve to the left, having a central angle of 15"'51 '56", an arc length of 264.45 feet. a radius of 955.00 feet,
and a long chord beanng
and distance of South 86"46'54" West, 263.60 feet to a'/2" capped iron rod found marked "WAI" for the southwest
comer of said 1.000 acre
tract;
THENCE North 1" 40'24" East, along the west line of said 1.000 acre tract, departing said northerly right-of-way
line of Shady Oaks Boulevard, a
distance of 122.73 feet to a '/2" capped iron rod found marked "WAI" for the northwest comer of said 1.000 acre tract;
THENCE South 88' 19'32" East, along the north line of said 1.000 acre tract, to and along the south line of said
1.54 acre tract, a distance of
415.17 feet to the POINT OF BEGINNING and containing 1.0000 acres or 43,560 square feet
All bearings shown are expressed as grid bearings (Texas Coordinate System of 1983, Zone 4202 , NAO 83 Datum),
as determined by GPS
observations, All dimensions shown are ground distances. To obtain a grid distance, multiply the ground
distance by the Project Combined
Factor (PCF) of 0.999849393
SURVEYORS CERTIFICATE
To: Medanjo Partners, Ltd.,
Charter Title Company
This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011
Minimum Standard Detail -
Requirements for AL TNACSM Land Title Surveys, jointly established and adopted by AL TA and NSPS, and
includes Items 1, 2, 3, 4, 6, 7a, 8, 9, 11a, 13 and 14 of Table A thereof. The field work was completed on July
10, 2015