2006-250
S:\Qur Documents\Ordinances\06\CA06-0007.doc
ORDINANCE NO. ,}j (lOG - ~A !:;7J
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO THE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR THE
CITY OF DENTON, TEXAS FOR 3.358-ACRES OF LAND LOCATED ON THE SOUTHWEST
CORNER OF UNIVERSITY DRIVE AND OLD NORTH ROAD, AND LEGALLY DESCRIBED
AS TRACT I OF THE W. LLOYD SURVEY, ABSTRACT NUMBER 773, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE. (CA06-0007)
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999-2020;
and
WHEREAS, Imperium Holding L.P. has applied for an amendment to the Land Use element
of the Denton Plan for 3.358 acres ofland from "Existing Neighborhoods/ Infill Compatibility" land
use designation to "Community Mixed Use Centers" land use designation; and
WHEREAS, on August 9, 2006, the Planning and Zoning Commission recommended
approval of the Land Use Plan Amendment; and
WHEREAS, the City Council finds that the Land Use Plan Amendment is in the best
interests ofthe health, safety and general welfare of the citizens of the City of Denton, Texas; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Land Use Plan is hereby amended for 3.358 acres attached hereto as
Exhibit "B" and incorporated herein by reference, and more particularly described in Exhibit "A"
(the "Property"), which is attached hereto and incorporated herein by reference. Notwithstanding the
above real property description, the property being rezoned includes all property to the centerline of
all adjacent street rights-of-way."
SECTION 2. The City's official land use map is amended to show the change in the land use
designation from "Existing Neighborhoods/ Infill Compatibility" land use designation to
"Community Mixed Use Centers" land use designation.
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. Any person violating any provision ofthis 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 5. 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.
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PASSED AND APPROVED this the 1,71 -day of
J40 7Jm/Lw' ,2006.
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PERRY . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
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EXHIBIT A
LEGAL DESCRIPTION
3.358 ACRES
BEING all that certain lot, tract, or parcel ofland situated in the W. Lloyd Survey Abstract Number 773 in
the City of Denton, Denton Cowlly, Texas, being all that certain truct ofland conveyed by deed from Hue
Leila Fty to Hayden Fry recorded in Volume 3090, Page 309, Real Property Records, Denton County,
Texas, and being more particularly desenoed as follows:
BEGINNING at an iron rod found for corner in the south line of East University Drive (also known as
United States Highway Number 380), a public roadway, said point being the northeast comer of that certain
tract of land conveyed by deed from Denton Village East Apartments, L. P. to M & A Texas VE, LTD
recorded in Volume 5344, Page 3719, Real Property Records, Denton County, Texas;
THENCE along the arc of a curve to the right having a central angle of 050 38' 45", a radius of 3744.33
feet, an arc length of 368.96 feet, whose chord bears S 69021' II" E, 368.81 feel with said south linc of
said East University Drive to concrete monument for comer at a right-of-way flare; .
THENCE S 280 32' 12" E, 134.47 feet with said right-of-way flare to a right-of-way disc found for corner
in the west line of Old the northeast corner of that certain tract of land conveyed by deed from Allie I.
Miller and wife, Mary B. Miller to Miller Family Trust, LTD, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE S 01023' 29" W, 184.02 feet with said west line of said Old North Road to an iron rod found for
comer, said point being the northeast comer of that certain tract of land conveyed by deed from Allie I.
Miller and wife, Mary B. Miller to Miller Family Trust, LTD, recorded in Volume 4086, Page 688, Real
Property Records, Denton County, Texas;
THENCE N 890 39' 06" W, 429.80 feet with the north line of said Miller Family Trost tract to an iron rod
found for corner in the east line of said M & A Texas tract;
THENCE N 06042' 56" W, 57.12 feet with said east line of said M & A Texas tract to an iron rod found
for comer;
THENCE N 780 II' 27" E, 20.78 feet with said east line of said M & A Texas tract to an iron rod found for
comer;
THENCE N 010 44' 43" E, 368.72 feet with said east line of said M & A Texas tract to the PLACE OF
BEGINNING and containing 3.358 acres ofland.
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EXHIBIT B
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