2007-280a'.\our documents\ordinances\07\z07-0011 westview commercial.doc
ORDINANCE NO.oW / -,W
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY ZONING 129.6 ACRES OF
LAND AND ADJACENT STREET RIGHT OF WAY FOR LOOP 288, LOCATED ON THE
WEST SIDE OF I-35 NORTH AT THE PROPOSED EXTENSION OF LOOP 288, TO REGIONAL
CENTER COMMERCIAL DOWNTOWN (RCC-D) CLASSIFICATION AND USE
DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z07-0011)
WHEREAS, Spring Brook Planning Group. initiated zoning for approximately 129.6 acres of
land and adjacent street right of way for Loop 288, legally described in Exhibit "A", attached hereto
and incorporated herein by reference (the "Property'), to a Regional Center Commercial Downtown
(RCC-D) zoning district and use designation; and
WHEREAS, on August 8, 2007, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested zoning; and
WHEREAS, the City Council finds the zoning 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.
SECTION 2. The zoning district classification and use designation of the Property is hereby
established as Regional Center Commercial Downtown (RCC-D). Notwithstanding the attached real
property description, the property be rezoned includes all property to the centerline of all adjacent
street rights-of-way.
SECTION 3. The City's official zoning map is hereby amended to show the change in zoning
district classification.
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 CityofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the _"0 day of Zeja-fI`fit , 2007
*ERR. McNE1LL, MA OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~y/'GU(f/ GGLf'LGI~tGZC~/•
APPROVED AS TO LEGAL FORM:
Exhibit A
PROPERTY DESCRIPTION
E)M BTT "A':
BEING all that certain lot, tract or parcel of land situated in the B. B. B. and C. R. R.
Company Abstract Number 141 and in the R. Whitlock Survey Abstract Number 1403 in
the City of Denton, Denton County, Texas, being a part of that certain (called) 112 '/s
acre "Tract Two-B" and being a part of that certain (called) 109 1/z acre "Tract Two-C" of
land conveyed by deed from Ella Barthold to Ella Barthold Living Trust recorded in
Volume 4037, Page 1742, Real Property Records, Denton County, Texas and being
more particularly described as follows:
COMMENCING at a right-of-way post for corner in the west line of interstate Highway
Number 35, a public roadway, said point being the northeast comer of that certain
'ract One" of land conveyed by deed from Cornelia C. Hams to Robert Woodson
Harris recorded under Clerk's File Number 97-R0085336, Real Property Records,
Denton County, Texas;
THENCE N 88° 58' 01" W, 600.00 feet with the north line of said Harris "Tract One" to
an iron rod set for PLACE OF BEGINNING in the Denton City limit line;
THENCE N 88° 58'01"W, 3095.01 feet with said north line of said Harris "Tract One" to
an iron rod found for corner in the east line of the Gulf, Colorado and Santa Fe Railroad
Company right-of-way;
THENCE N 22° 46' 21" W, 1860.04 feet with said east line of the Gulf, Colorado and
Santa Fe Railroad Company right-of-way to a right-of-way marker post for comer in the
south line of Farm-to-Market Highway Number 1173, a public roadway;
THENCE S 87° 39' 59" E, 1634.99 feet with said south line of said Farm-to-Market
Highway Number 1173 to a right-of-way marker post for comer,
THENCE S 84° 33' 28" E, 100.64 feet with said south line of said Farm-to-Market
Highway to a right-of-way marker post for corner;
THENCE S 88° 37' 44" E, 401.49 feet with said south line of said Farm-to-Market
Highway to a right-of-way marker post for corner;
THENCE S 88° 07' 35" E, 99.83 feet with said south line of said Farm-to-Market
Highway to a right-of-way marker post for comer;
THENCE S 89° 19' 54" E, 1536.39 feet with said south line of said Farm-to-Market
Highway to an Iron rod set for comer in said Denton City limit line;
THENCE S 01° 29' 19" E, 816.77 feet with said Denton City limit line to an iron rod set
for comer in the north line of that certain (called) 1.702 acre tract of land conveyed by
deed to the City of Denton;
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EXHIBIT A-2