2009-295? sAour documents\ordinances\09\ca09-0001.doc
ORDINANCE NO. ~DO7 " Z ! S
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
COMPREHENSIVE PLAN AMENDMENT FROM A "NEIGHBORHOOD CENTERS"
FUTURE LAND USE DESIGNATION TO A "COMMUNITY MIXED USE CENTERS"
FUTURE LAND USE DESIGNATION, ENCOMPASSING 16.422 ACRES OF LAND
LOCATED AT THE SOUTHWEST CORNER OF HICKORY CREEK ROAD AND
TEASLEY LANE (F.M. 2181), IN 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. (CA09-0001)
WHEREAS, Spring Brook Planning Group, has applied for a change in the
Comprehensive Plan for approximately 16.422 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 September 23, 2009, the Planning and Zoning Commission
recommended approval of the requested change in zoning; and
WHEREAS, the City Council 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 Comprehensive Plan; 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
sAour documents\ordinances\09\ca09-0001.doc
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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 /Ti-day of , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: M&A
APPROVED AS TO LEGAL FORM:
sAour documents\ordinances\09\ca09-000 1.doc
EXHIBIT A
LEGAL DESCRIPTION
BEGINNING, at a 5/8-inch iron rod with "Mycoskie Mclnnish" cap found at the intersection of
the west right-of-way line of Teasley Lane (F.M. 2181, a variable width right-of-way) and the
south right-of-way line of Hickory Creek Road (a variable width right-of-way);
THENCE, South 01 degrees, 25 minutes, 05 seconds East, along the said west right-of-way line
of Teasley Lane, a distance of 833.38 feet to a '/2 inch iron rod with illegible cap found for
corner; said point being the southeast corner of said Meredith tract;
THENCE, South 89 degrees, 55 minutes, 15 seconds West, passing at a distance of 3.47 feet, a'/2
inch iron rod with "KAZ 5312" cap found at the northeast corner of a tract of land described in
Warranty Deed to Robert L. Ramsey and Barbara J. Wallace recorded in Volume 3075, Page 879
of said Deed Records, departing the said west right-of-way line of Teasley Lane and continuing
along the north line of said Ramsey tract for a total distance of 650.82 feet to a '/2 inch iron rod
with "Alliance" cap found for corner; said point being the southeast corner of Lot 1, Block A,
Meredith Addition, an addition to the City of Denton, Denton County, Texas according to the
plat thereof recorded in Cabinet T, Page 50 of the Plat Records of Denton County, Texas;
THENCE, northerly, along the east line of said Lot 1, Block A, the following three (3) calls:
North 00 degrees, 04 minutes, 23 seconds West, a distance of 20.00 feet to a '/2 inch iron rod with
"Alliance" cap for corner;
North 46 degrees, 48 minutes, 04 seconds West, a distance of 392.83 feet to a '/2 inch iron rod
with "Alliance" cap found for corner;
North 03 degrees, 10 minutes, 22 seconds East, a distance of 531.74 feet to a %2 inch iron rod
with "KAZ 5312" cap found in the said right-of-way line of Hickory Creek Road; said point
being the northernmost northeast corner of said Lot 1, Block A; I
THENCE, easterly, along the said south right-of--way line of Hickory Creek Road, the following
three (3) calls:
North 89 degrees, 51 minutes, 30 seconds East, a distance of 268.20 feet to an angle point;
North 85 degrees, 00 minutes, 28 seconds East, a distance of 144.34 feet to an angle point;
North 89 degrees, 53 minutes, 01 seconds East, a distance of 475.17 feet to the POINT OF
BEGINNING;
CONTAINING; 715,320 square feet or 16.422 acres of land, more or less.
sAour documents\ordinances\09\caO9-OOOI.doc
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EXHIBIT B
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225 112.5 0 225 Feet
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