2007-109ORDINANCE NO. 2OD ~- /D
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO THE FUTURE LAND USE PLAN OF THE LAND ELEMENT OF THE DENTON PLAN FOR
THE CITY OF DENTON, TEXAS, THE AREA FOR AMENDMENT ENCOMPASSING A
256.91-ACRE TRACT OF LAND GENERALLY LOCATED ON THE EAST SIDE OF IH-35,
SOUTH OF WEST UNIVERSITY DRIVE / U.S. 380 AND WEST OF BONNIE BRAE STREET,
AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A",
AND DEPICTED ON EXHIBIT "B", BOTH OF WHICH ARE ATTACHED HERETO AND
INCORPORATED BY REFERENCE HEREIN; AND PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE. (CA06-0008)
WHEREAS, on December 7, 1999, the City of Denton adopted the Denton Plan, 1999-2020;
and
WHEREAS, pursuant to the procedures set forth in §35.3.3.C.l.c ofthe Denton Development
Code, the City Manager recommended and initiated an amendment to the Denton Plan, as requested
by Allegiance Development, from the Land Use Plan of the land element of the Denton Plan for
256.91 acres of land, to redesignate this azea from a "Neighborhood Centers" land use designation to
the "Regional Mixed Use Centers" and "Neighborhood Centers" land use designations; and
WHEREAS, on May 9, 2007, the Planning and Zoning Commission recommended approval
of the requested Land Use Plan Amendment; and
WHEREAS, the City Council finds [hat the approval criteria set forth at §35.3.3.B of the
Denton Development Code have been satisfied, specifically including the factors set forth at
§35.3.3.B.3 of the Denton Development Code, that .all notice, procedural and substantive
requirements of State law (including, but not limited to Chapters 211 and 213 of the Texas Local
Government Code), the Denton Plan, and the Denton Development Code have been satisfied, and
that the proposed Land Use Plan Amendment is in the best interests ofthe health, safety and general
welfaze 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 256.91 acres of land legally
described and depicted in Exhibits A and B, attached hereto and incorporated herein by reference
(the "Property"), to redesignate the future land use classifications for said Property from the
"Neighborhood Centers" future land use designation to the "Regional Mixed Use Centers" and
"Neighborhood Centers" future land use designations, as illustrated in Exhibit B. Notwithstanding
the above-referenced real property description, the property being reclassified 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 future
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 aze 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 ~,~~ day of 2007.
~~,
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PE MCNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
vV
APPROVED AS TO LEGAL FORM:
PAGE 2
EDWIN M SNYDER, CITY ATTORNEY
EXHIBIT A
LEGAL DESCRIPTION
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 corner;
--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 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 arc 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 cornerclip;
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 5/8-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;
PAGE3
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:
--North 15°50'30" West, a distance of 38.32 feet to a Sl8-inch iron rod with "KHA" cap set for corner;
--North 16°24'00" West, a distance of 3494.36 feet to a Sl8-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 corner;
--North 46°04'12" East, a distance of 303.95 feet to a 5/8-inch iron rod found for corner;
--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:
--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
acres of land.
Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND
R0610060.
PAGE 4
B.B.B. & C.RR COMPANY SURVEY, ABSTRACT NO. 192
CITY OF DENTON, DENTON COUNTY, TEXAS
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PAGE 5
EI~II~IBIT B
PAGE 6
DENTON PLAN AMENDMENT