2009-015sAour documents\ordinances\08\ca0M001.docx
ORDINANCE NO. ~~IO9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO THE COMPREHENSIVE PLAN FOR THE CITY OF DENTON, TEXAS, FOR
APPROXIMATELY 4.23 ACRES OF LAND, LOCATED ON THE NORTHWEST CORNER OF
LOOP 288 AND SHERMAN DRIVE, FROM AN "EXISTING LAND USE/iNFILL
COMPATIBILITY" LAND USE DESIGNATION TO A "COMMUNITY MIXED USE CENTERS"
LAND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (CA08-0001)
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999 -
2020; and
WHEREAS, on January 7, 2008, Elk River Investments applied for an amendment to the
Comprehensive Plan for the City of Denton, Texas, for approximately 4.23 acres of land from an
"Existing Land Use/Infill Compatibilit/' land use designation to a "Community Mixed Use Centers"
land use designation; and
WHEREAS, after a public hearing on November 19, 2008, the Planning and Zoning
Commission recommended approval of the Comprehensive Plan amendment; and
WHEREAS, after a public hearing, the City Council finds that the Comprehensive Plan
amendment is in the best interests of the health, safety and general welfare of the citizens of the City
of Denton, Texas, and satisfies the criteria set forth in §35.3.3.13 of the Denton 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 Land Use Plan is hereby amended for approximately 4.23 acres of land
described in Exhibit "A", attached hereto and incorporated herein, (the "Property"), being a tract of
land situated in the S. McCracken Survey, Abstract Number 817 in Denton County, Texas, and being
the remainder portion of that called 4.299 acre tract of land described in deed to Michael Reynolds
and wife Sandi Reynolds as described in deed recorded in Volume 824 page 817 of the deed records
of Denton County, Texas, is hereby changed from an "Existing Land Use/Infill Compatibility" land
use designation to a "Community Mixed Use Centers" land use designation. 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 land use map is amended to show the change in the land use
designation from an "Existing Land Use/Infill Compatibility" land use designation to a "Community
Mixed Use Centers" land use designation.
Oour documents\ordinances\08\ca08-0001.dacx
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.
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 ~J V day
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: L J
/'''o
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
EXHIBIT A
LEGAL DESCRIPTION
BEING A 4.229 ACRE TRACT OF LAND SITUATED IN THE S McCRACKEN SURVEY,
ABSTRACT'NUMBER '817 IN DENTON COUNTY, TEXAS, AND BEING THE REMAINDER
PORTION OF THAT CALLED 4.229 ACRE TRACT OF LAND DESCRIBED IN DEED TO
MICHEAL REYNOLDS AND WIFE SANDI REYNOLDS AS DESCRIBED IN DEED RECORDED
IN VOLUME 824 PAGE 817 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS.
SAID 4.229 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS.
BEGINNING at a fence corner post found for the northeast corner hereof
also being the southeast corner of that called 17.365 acre tract of
land described in deed to the City of Denton and recorded in Document
Number 03-026918 of the official Public records of Denton County,
Texas said post also lying in the west right of way line of Sherman
Drive (FM 4281 (100 foot R.O.W.);
THENCE S 270 541. 16" W,: along the east line hereof and the west line
of said Sherman Drive a distance of 881.05 feet, to a found broken
highway concrete monument for the southeast corner hereof and lying in
the north-line of Loop 288 (variable width R.O.W.) also being the
northeast corner of that certain tract of land described in deed to
the State of Texas as recorded in Volume 1022, Page 993 of the Deed
Records of Denton County, Texas;
THENCE S 71° 44' 39" W,- along the north line of said Loop 288 a
distance of 22.50 feet, to a found broken concrete highway monument,
from which a iron fencepost bears N 010 57' 43" W a distance of 0.86
feet, said monument being the southeast corner of that called 120.42
acre tract of land as described in deed to Denton Independent School
District (DISD) -and recorded in Document Number 97-083710 of said
Public Records;
THENCE N 010 57' 43" W, :along a fence line, the west line hereof and
the east lineof said DISD tract, leaving the north line of said Loop
288 a distance of 284.38 feet, to a 1/2 inch iron rod found located in
the center of the base of a rotted wood fence post;
THENCE N O1° 111 35" E, continuing along a fence, the west line hereof
and' the east line of said DISD tract a distance of 517.04 feet, to a
found crosstie fence post for the northwest corner hereof also lying
in the south line of said 17.365 acre tract from which a 1/2 inch iron
rod found bears
N 870 571 00" W, a distance of 199.70 feet, for the southwest corner
of said 17.365 acre tract;
THENCE S 870 57' 00" E, (Basis of Bearing), along the north line
hereof the.south line of'said 17.365 acre tract a distance of 432.94
feet, to the POINT OF BEGINNING and containing 4.229 acres of land
more or less