2008-135FILE REFERENCE FORM 2008-135
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILES Date Initials
Amended by Ordinance No. 2008-319 12/09/08 J R
Superseded by Ordinance No. 2009-169 07/30/09 JR
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ORDINANCE NO. 2&9,J?--1,65-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A SPECIAL SIGN
DISTRICT WITHIN THE RAYZOR RANCH OVERLAY ZONING DISTRICT CONTAINING
APPROXIMATELY 410 ACRES LOCATED GENERALLY ON BOTH SIDES OF U.S.
HIGHWAY 380 (WEST UNIVERSITY DRIVE), BETWEEN INTERSTATE HIGHWAY 35 AND
BONNIE BRAE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF, PROVING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. (SD07-0001)
WHEREAS, Allegiance Development has applied for a Special Sign District within the
Rayzor Ranch Overlay District, and consents to the listed conditions; and
WHEREAS, on June 11, 2008, the Planning and Zoning Commission, after a public hearing,
recommended approval of the Special Sign District; and
WHEREAS, the City Council finds the Special Sign District meets the criteria of §35.15.18.4
of the Denton Development Code and will help to assure that signs within the Special Sign District
will be comprehensively planned in a manner that is clearly superior to what would be allowed
without the plan, and compatible with surrounding properties, and is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Special Sign District is hereby approved on the property legally described
in Exhibit A, attached hereto and incorporated herein for all purposes (the "Property"), subject to the
following conditions:
The Special Sign District shall provide for the removal and relocation of existing
legally nonconforming off-premises billboards as set forth in Exhibit B, attached
hereto and incorporated herein by reference, in a manner that fully satisfies the
requirements of §35.15.18.8 of the Denton Development Code, resulting in a net
reduction of one off-premises sign structure and two off-premises sign faces, with no
increase in the area of any sign face.
2. A sign plan for signs within the Special Sign District, meeting all criteria of
§35.15.18.4 will be submitted for approval by ordinance at a later date. Upon
approval, the sign plan will apply to all signs located in the Special Sign District, and
shall supersede the regulations of Subchapter 15 of the Denton Development Code to
the limited extent noted.
Pending satisfaction of conditions 1 and 2 above, all regulations of Subchapter 15 of
the Denton Development Code shall apply in full.
Upon the failure or invalidation of conditions 1 or 2, all regulations of Subchapter 15
of the Denton Development Code shall apply in full, even if previously superseded
by these conditions.
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SECTION 2. 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 3. 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 4. 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 le ~/716/1 day of 2008.
iPE~. McNEILL, M YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO ED AS O LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: q
Page 2
EXHIBIT A
METES AND BOUNDS, PART ONE AND PART TWO
410.28 ACRES (TOTAL)
FRANCIS BATSON SURVEY, ABSTRACT NO. 43
B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT NO. 192
CITY OF DENTON, DENTON COUNTY, TEXAS
PART ONE
BEING a tract of land situated in the Francis Batson Survey, Abstract No. 43, in the City of Denton, Denton
County, Texas, being all of a called 121.4759 acre tract (description of Shephard Hall Tract, Tract 2),
described in deed to Denton Hillview, L.P., recorded in Denton County Clerk's File No. 2005-127450 of the
Real Property Records of Denton County, Texas, all of a called 0.2254 acre tract (Tract 1), a called 2.1017
acre tract (Tract 2) and a called 2.2200 acre tract (Tract 3) described in deed to Quantum at Denton Self
Storage, L.P., recorded in Volume 5021, Page 01847 of the Real Property Records of Denton County, Texas,
part of a called 18.269 acre tract, described in deed to Denton Property Joint Venture, recorded in Denton
County Clerk's File No. 00-R0101370 of the Real Property Records of Denton County, Texas, all of a called
2.999 acre tract, described in deed to De Hall Properties, Ltd., recorded in Denton County Clerk's File No.
2005-40231 of the Real Property Records of Denton County, Texas, being part of a called 8.9217 acre tract of
land described in Deed to Mesquite Creek Development, Inc., recorded in Volume 4562, Page 0683 of the
Real Property Records of Denton County, Texas, and all of Lot 1 of SANDY ADDITION, an addition to the City
of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 13, Page 47 and Cabinet
J, Slide 348 of the Plat Records of Denton County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2-inch iron rod found for the north end of a corner clip at the intersection of the north
right-of-way line of West University Drive (U.S. Highway No. 380, a 100.20 foot wide public right-of-way) and
the west right-of-way line of Bonnie Brae Street (a variable width public right-of-way) for the most easterly
southeast corner of the beforementioned Lot 1 of SANDY ADDITION;
THENCE with the corner clip, South 45°48'44" West, a distance of 90.93 feet to a 3/4-inch iron rod found for
a
corner;
THENCE with the north right-of-way line of West University Drive, the following courses and distances to wit:
8
--North 89°07'28" West, a distance of 773.40 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
--North 88°56'28" West, a distance of 1761.77 feet to a 1/2-inch iron rod found for the southeast corner of
the called 8.9217 acre tract;
T
THENCE leaving the north right-of-way line of West University Drive with the east line of the 8.9217 acre tract, I
North 00°23'40" East, a distance of 276.40 feet to a point for comer, J
THENCE crossing the called 8.9217 acre tract, the following courses and distances to wit:
LJ
--North 89°10'52" West, a distance of 227.61 feet to a point for corner;
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--North 00°59'35" East, a distance of 80.89 feet to a point for corner;
F.
--North 89°00'25" West, a distance of 290.00 feet to a point for corner in the east line of Lot 1, Block A of
j
PORTER/ANDRUS ADDITION, an addition to the City of Denton, Denton County, Texas, according to the
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Plat thereof recorded in Cabinet O, Slide 45 of the Plat Records of Denton County, Texas;
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THENCE with the east line of Lot 1, Block A and the east line of Lot 2, Block A of PORTER/ANDRUS
ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in
Cabinet V, Slide 856 of the Plat Records of Denton County, Texas, North 00°59'47" West, a distance of 217.71
feet to a 5/8-inch iron rod with "KHA" cap set for the northeast corner of Lot 2, Block A;
THENCE with the north and west lines of Lot 2, Block A, the following courses and distances to wit:
--North 88°42'36" West, a distance of 400.01 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
--South 01 028'09" West, a distance of 28.89 feet to a 5/8-inch iron rod with "KHA" cap set for the
northeast corner of Lot 1 R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION, an addition to the
City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet I, Slide 148 of
the Plat Records of Denton County, Texas;
THENCE leaving the west line of Lot 2, Block A of PORTER/ANDRUS ADDITION with the north line of Lot 1 R,
Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION, North 88°31'28" West, a distance of 399.39 feet to
a 5/8-inch iron rod with "KHA" cap set in the northeasterly right-of-way line Interstate Highway No. 35 (a
variable width public right-of-way) for the most northerly northwest comer of Lot 1 R, Block 1 of ALVIN AND
CHARLOTTE WHALEY ADDITION;
THENCE leaving the north line of Lot 1R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION with the
northeasterly right-of-way line Interstate Highway No. 35, North 16°07'54" West, a distance of 632.67 feet to a
5/8-inch iron rod with "KHA" cap set for the southwest corner of Lot 14 of GREENWAY CLUB ESTATES, an
addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 4,
Page 27 of the Plat Records of Denton County, Texas;
THENCE leaving the northeasterly right-of-way line Interstate Highway No. 35 with the south and east lines of
GREENWAY CLUB ESTATES, the following courses and distances to wit:
--North 73°15'13" East, a distance of 518.79 feet to a 5/8-inch iron rod with "KHA" cap set for the
beginning of a curve to the right;
--Easterly, with the curve to the right, through a central angle of 16°47'40", having a radius of 345.00 feet,
and chord bearing and distance of North 81 °39'03" East, 100.76 feet, an arc distance of 101.13 feet to a
5/8-inch iron rod with "KHA" cap set for the end of the curve; o
--North 89°58'43" East, a distance of 364.46 feet to a5/8-inch iron rod with "KHA" cap set for comer;
--North 00°57'04" West, a distance of 450.70 feet to a 5/8-inch iron rod with "KHA" cap set for the o
southwest corner of Lot 1, Block 10 of WESTGATE HEIGHTS, an addition to the City of Denton, Denton
County, Texas, according to the plat thereof recorded in Cabinet E, Slide 78 of the Plat Records of
Denton County, Texas;
THENCE leaving the east line of GREENWAY CLUB ESTATES with the south and east lines of WESTGATE
HEIGHTS, the following courses and distances to wit:
--North 89°32'37" East, a distance of 48.23 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
--South 87°34'57" East, a distance of 1042.99 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
--North 00°32'57" East, a distance of 318.04 feet to a 5/8-inch iron rod with "KHA" cap set for the most
northerly northwest corner of the beforementioned 121.4759 acre tract
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THENCE leaving the east line of WESTGATE HEIGHTS with the north line of the 121.4759 acre tract, South
°
89°13'56" East, a distance of 2067.29 feet to a 5/8-inch iron rod with "KHA" cap set in the west right-of-way
line of Bonnie Brae Street;
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Khnley+iorn
Con and Assmates, Inc.
THENCE leaving the north line of the 121.4759 acre tract with the west right-of-way line of Bonnie Brae Street,
the following courses and distances to wit:
--South 00°37'18" West, a distance of 1455.38 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
--South 00°26'45" West, a distance of 568.70 feet to the POINT OF BEGINNING and containing 153.37
acres of land.
Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND
R0610060.
PART TWO
BEING a tract of land situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 192, in the City of
Denton, Denton County, Texas, being part of a called 265.6365 acre tract of land (description of Shephard
Hall Tract, Tract 1), described in deed to Denton Hillview, L.P., recorded in Denton County Clerk's File No.
2005-127450 of the Real Property Records of Denton County, Texas, and all of Lot 3 of LOTS 1,2,8,3
PEARCY/CHRISTON ADDITION No. 1, an addition to the City of Denton, Denton County, Texas, according to
the plat thereof recorded in Cabinet B, Slide 34 of the Plat Records of Denton County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod found in the south right-of-way line of West University Drive (U.S. Highway
No. 380, a 100.20 foot wide public right-of-way) for the northerly common corner of Lots 2 and 3 of the
beforementioned LOTS 1,2,8,3 PEARCY/CHRISTON ADDITION;
THENCE leaving the south right-of-way line of West University Drive with the common line of Lots 2 and 3,
South 01 °08'26" West, a distance of 600.00 feet to a 5/8-inch iron rod found for the southerly common corner
of Lots 2 and 3;
THENCE leaving the common line of Lots 2 and 3 with the south lines of Lot 2 and Lot 1-C of LOTS 1-A, 1-B,
1-C PEARCY/CHRISTON ADDITION No. 1, an addition to the City of Denton, Denton County, Texas,
according to the plat thereof recorded in Cabinet L, Slide 188 of the Plat Records of Denton County, Texas,
South 89°04'34" East, passing the southeast corner of Lot 1-C at a distance of 711.59 feet and continuing for
a total distance of 730.60 feet to a 5/8-inch iron rod found in the west right-of-way line of Bonnie Brae Street (a
variable width public right-of-way) for the most easterly northeast corner of the beforementioned 265.6365
acre tract;
THENCE with the west right-of-way line of Bonnie Brae Street, the following courses and distances to wit:
--South 00°58'54" West, a distance of 1438.01 feet to a 5/8-inch iron rod with "KHA" cap set for comer;
--South 00°48'51" West, a distance of 1175.56 feet to a 5/8-inch iron rod with "KHA" cap set for the
beginning of a curve to the right;
--Southwesterly, with the curve to the right, through a central angle of 45°01'58", having a radius of
321.07 feet, and chord bearing and distance of South 23°19'47" West, 245.91 feet, an arc distance of
252.35 feet to a 5/8-inch iron rod found for the beginning of a reverse curve to the left;
--Southwesterly, with the the curve to the left, through a central angle of 57°31'56", having a radius of
392.01 feet, and chord bearing and distance of South 17°04'48" West, 377.30 feet, an are distance of
393.63 feet to a 5/8-inch iron rod found for the end of the curve;
--South 11 °41'10" East, a distance of 10.57 feet to a 5/8-inch iron rod found for the north end of a
corner clip at the intersection of the north right-of-way line of Scripture Street (a variable width public
right-of-way) and the west right-of-way line of Bonnie Brae Street;
THENCE with the corner clip, South 39°33'50" West, a distance of 11.48 feet to a 5/8-inch iron rod found for
the south end of the corner clip;
Page 3 -
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m and Awdit Inc.
THENCE with the north right-of-way line of Scripture Street, North 88°58'00" West, a distance of 1265.16 feet
to a 5/8-inch iron rod found in the south line of the 265.6365 acre tract;
THENCE leaving the north right-of-way line of Scripture Street! the following courses and distances to wit:
--North 01 °02'00" East, a distance of 500.06 feet to a 5/8-inch iron rod found for corner;
--North 88°58'00" West, a distance of 761.56 feet to a 518-inch iron rod found for corner;
--South 01 °02'00" West, a distance of 500.06 feet to a 5/8-inch iron rod found in the north right-of-way
line of Scripture Street;
THENCE with the north right-of-way line of Scripture Street, the following courses and distances to wit:
--North 88°58'00" West, a distance of 318.44 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
--North 88°48'26" West, a distance of 41.73 feet to a 5/8, inch iron rod found in the northeasterly
right-of-way line Interstate Highway No. 35 (a variable width public right-of-way) and the north
right-of-way line of Scripture Street for the most southerly southwest corner of the 256.6365 acre tract;
THENCE with the northeasterly right-of-way line Interstate Highway No. 35, the following courses and
distances to wit: I
--North 15°50'30" West, a distance of 38.32 feet to a 5/81 inch iron rod with "KHA" cap set for corner,
--North 16°24'00" West, a distance of 3494.36 feet to a 5/8-inch iron rod found for corner;
--North 14°50'06" East, a distance of 171.01 feet to a 3-inch brass disk in concrete found for comer;
--North 46°04'12" East, a distance of 303.95 feet to a 5/8-inch iron rod found for comer;
--North 60°32'22" East, a distance of 114.22 feet to a 5/8-inch iron rod found for corner;
--North 00°58'25" East, a distance of 13.09 feet to a concrete monument found in the south right-of-way
line of West University Drive;
THENCE leaving the northeasterly right-of-way line Interstate Highway No. 35 with the south right-of-way line
of West University Drive, the following courses and distances to wit:
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--South 88°56'28" East, a distance of 2440.06 feet to a 5/8-inch iron rod with "KHA" cap set for corner;
--South 89°01'07" East, a distance of 117.72 feet to the POINT OF BEGINNING and containing 256.91
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acres of land.
Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND
R0610060.
This document was prepared under 22 TAC §663.21, does notireflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests implied
or established by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared.
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