2009-016sAour documents\ordinances\08\z08-0002.docx
ORDINANCE NO. ZW - Dl (O
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE REZONING
OF APPROXIMATELY 4.23 ACRES OF LAND, LOCATED ON THE NORTHWEST CORNER
OF LOOP 288 AND SHERMAN DRIVE, FROM A NEIGHBORHOOD RESIDENTIAL 4 (NR-4)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A COMMUNITY
MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND 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. (Z08-0002)
WHEREAS, Elk River Investments, has applied for the rezoning of approximately 4.23 acres
of land, located on the northwest corner of Loop 288 and Sherman Drive, more particularly described
in Exhibit "A" to this ordinance, and incorporated herein by reference (the "Property"), from a
Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a
Community Mixed Use General (CM-G) zoning district classification and use designation; and
WHEREAS, after a public hearing on November 19, 2008, the Planning and Zoning
Commission recommended approval of the requested change in zoning; and
WHEREAS, after a public hearing, 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 zoning district classification and use designation for the above-referenced
Property is hereby changed from a Neighborhood Residential 4 (NR-4) zoning district classification
and use designation to a Community Mixed Use General (CM-G) zoning district classification and
use designation. Notwithstanding the attached real property description, the Property 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.
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.
sAour documents\ordinances\08\z08-0002.docx
SECTION 6. This ordinance shall become effective 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 10
days of the date of its passage. i
PASSED AND APPROVED this the day of , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYE
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 54'. 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 710 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 fence .post 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 line of 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 Ol- 11' 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 57' 00" W, a distance of 199.70 feet, for the southwest corner
of said 17.365 acre tract;
THENCE S 87° 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