CA20-0003aS:\Legal\Our Documents\Ordinances\20\CA20-0003 - Burch Tract Comp Plan Amendment Ordinance.Docx
ORDINANCE NO CA20-OO03a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A COMPREHENSIVE
PLAN AMENDMENT ON APPROXIMATELY 51.808 ACRES OF LAND FROM RURAL
AREAS FUTURE LAND USE DESIGNATION TO MODERATE RESIDENTIAL FUTURE
LAND USE DESIGNATION, GENERALLY LOCATED SOUTH AND WEST OF VINTAGE
BOULEVARD AND WEST OF FORT WORTH DRIVE, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICAL
FUTURE LAND USE MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF §2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (CA20-0003)
WHEREAS, Robert Betancur of McAdams, on behalf of the property owner, Richard
Burch, representing Burch Family Farm, Ltd. (“Owner“), has submitted a request for a
comprehensive plan amendment on approximately 51.808 acres of land legally described in
Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”)
from Rural Areas Future Land Use designation to Moderate Residential Future Land Use
designation; and
WHEREAS, on November 4, 2020, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval (7-0) of the amendment; and
WHEREAS, on December 1, 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 2.7.1 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 Future Land Use designation of the
Property, have determined that the proposed Future Land Use designation 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 Future Land Use designation for the Property is hereby changed from
Rural Areas to Moderate Residential.
SECTION 3. The City’s official Future Land Use map is hereby 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 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. 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.
s e c o n d eT£y]Hl=A: Ih : : rP P r o v e = :
the following vote a - I
Aye Nay Abstain Absent
rChris Watts, Mayor:
Birdia Johnson. District 1 :vr
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V/
V/
Keely G. Briggs, District 2:
Jessie Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of 2020
TIFmMAYOR
Mayor Pro Tem Jesse Davis
ATTEST:
ROSA RIOS, CITY SECRETARY
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BmTIT;–fied RaILy
Page 2 of 3
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 3 of 3
Legal Description
51.808 Acres
W. Roark Survey, Abstract No. 1087
Denton County, Texas
BEING a tract of land situated in the W. Roark Survey, Abstract No. 1087, Denton County,
Texas, being a portion of that called 149.374 acre tract of land as described in deed to Birch
Family Farm, Ltd., recorded in Document Number 2007-110041, Real Property Records, Denton
County, Texas, and being more particularly described as follows:
BEGINNING a 1/2" rebar found at the southwest corner of said 149.374 acre tract, the southeast
corner of that certain called 20.00 acre tract of land described as tract II in deed to Mont L.
Wilkes and Emrie A, Wilkes, husband and wife, recorded in Document Number 2000-81412,
Real Property Records, Denton County, Texas, and being on the north line of that certain called
4.390 acre tract of land described in deed to Paul A. Tubbs and wife, Tammy D. Tubbs, recorded
in Volume 1998-96463, Real Property Records, Denton County, Texas;
THENCE N 0211'10" W, along the west line of said 149.374 acre and the east line of said Tract
II, passing the northeast corner of thereof, being the southeast corner of that certain called 80.133
acre tract of land described in said deed to Mont L. Wilkes and Emrie A, Wikes, husband and
wife, and continuing along the east line to northeast corner thereof, being the southeast corner of
Lot 1, Block A, Pettit Addition, an addition to the County of Denton, Texas, recorded in
Document Number 2016-163, Plat Records, Denton County, Texas and continuing with the east
line thereof for a total distance of 2674.95 feet to northeast corner of said Lot 1, the westerly
northwest corner of said 149.374 acre tract and being on the south line of Lot 32, Block U,
Meadows at Hickory Creek, Phase 4, and addition the City of Denton, Denton County Texas,
recorded in Document Number 2013-278, Plat Records of Denton County, Texas, from which a
1/2” rebar found at the northerly northwest corner of said Lot 1, bears S 8931'10" W, 378.16
feet;
THENCE N 8847’00" E, 702.19 feet along the north line of said 149.374 acre tract and the
south line of said Meadows at Hickory Creek, Phase 4 to a “+” set in concrete at the southeast
corner of said Meadows at Hickory Creek, Phase 4, the northwest corner of that certain street
right-of-way deed to City of Denton, Texas, recorded in Document Number 2003-98838, Real
Property Records, Denton County, Texas, being the southwest corner of that certain street right-
of-way deed to City of Denton, Texas, recorded in Document Number 2003-143866, Real
Property Records, Denton County, Texas, and being on the west line of Vintage Boulevard;
THENCE southeasterly along the west line of Vintage Boulevard as evidenced by said 8.767
acre tract and with the arc of a curve to the right, having a radius of 653.36 feet, a central angle
of 17°26’45”, an arc length of 198.94 feet and whose chord bears S 20°58’53” E, 198.17 feet to a
1/2" capped rebar found stamped “Arthur Surveying”;
THENCE S 1215’30" E, 1107.08 feet along the west line of Vintage Boulevard as evidenced by
said 8.767 acre tract to a 60D nail found;
THENCE southeasterly along the west line of Vintage Boulevard as evidenced by said 8.767
acre tract and with the arc of a curve to the left, having a radius of 59.65 feet, a central angle of
03°25’45”, an arc length of 59.65 feet and whose chord bears S 13°58’22” E, 59.64 feet to a 1/2"
capped rebar found (illegible);
THENCE southeasterly along the west line of Vintage Boulevard as evidenced by said 8.767
acre tract and with the arc of a non-tangent curve to the left, having a radius of 1300.00 feet, a
central angle of 20°00’35”, an arc length of 454.00 feet and whose chord bears S 34°34’09” E,
451.70 feet to a 1/2" capped rebar set stamped “G&A” at the southwest corner of said 8.767 acre
tract, bring on the southeasterly line of said 149.374 acre tract and being on the northwesterly
line (100 feet northwest and parallel to the center of the tracts) of that certain tract of land
described in deed to the Texas Pacific Railway Company, recorded in Document Number 1881-
77000124, Real Property Records, Denton County, Texas;
THENCE S 4321’00" W, 651.41 feet along the southeasterly line of said 149.374 acre tract and
the northwesterly line of said Texas Pacific Railway Company tract to a 1/2" capped rebar set
stamped “G&A”
THENCE along the southeasterly line of said 149.374 acre tract and the northwesterly line of
said Texas Pacific Railway Company and with the arc of a curve to the left, having a radius of
3919.72 feet, a central angle of 09°36’19”, an arc length of 657.12 feet and whose chord bears S
38°32’51” W, 656.35 feet to a 1/2" capped rebar set stamped “G&A” at the southeast corner of
said 149.374 acre tract and being on the north line of that certain called 7.932 acre tract of land
described in deed to Don F. Lagan and wife, Pat Logan and Paul Tubbs and wife, Tammy Tubbs,
from which a 1/2" rebar found at the northeast corner thereof bears N 8915’00" E, 28.34 feet;
THENCE S 8915’00" W, along the south line of said 149.374 acre tract and the north line of
said 7.932 acre tract passing the northerly northwest corner thereof, being the northeast corner of
said 4.390 acre tract of land and continuing along the north line to the POINT OF BEGINNIG
and containing approximately 51.808 acres of land.