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HomeMy WebLinkAbout1998-018P�bwRdv,xV.mlOypo�mrN�WNNno„�NpVgpN2p].plp(pU Lk)Ju NOTE Amended by Ordinance No 2001-114 ORDINANCE NO � _ NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT NO 6 (PD-6) TO LIGHT INDUSTRIAL CONDITIONAL (LI[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 132 ACRES LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, AT SAN JACINTO BOULEVARD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr David Walls, on behalf of Golden Triangle Joint Venture No 6, owners of the subject property, has applied for a change in zoning from the Planned Development No 6 (PD-6) to the Light Industrial conditioned (LI[c]) zoning district classification and use designation as shown in Exhibit B, and WHEREAS, on January 14, 1998, the Planning and Zoning Conumssion recommended approval of the zoning change, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SFOCTION I That 132 acres more particularly described by the legal description attached hereto and incorporated herein as Exhibit A, is hereby changed from Planned Development No 6 (PD-6) to a Light Industrial conditioned (LI[c]) zoning district classification and use designation with the uses described in Exhibit `B", wluch is attached hereto and incorporated herein for all purposes, being prolubrted SECTION II That the provisions of this ordinance as they apply to the 132 acres shown in Exhibit "A" shall govern and control over any conflicting provision of Planned Development No 6, but all the provisions of Planned Development No 6 as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district SECTION III That a copy of this ordinance shall be attached to Planned Development No 6 showing the amendment herein approved SF},CTION IV That 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 V That 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 ren..ce.cNm�Y�e+.w.amsw�vaNwaswnmN� �wI aos published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the — day of Ae�%�G� 1998 r jXEffUL­ER, ATTEST JENNIFER WALTERS, CITY SECRETARY APP VED kS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 EXHIBIT A 97052 ZON EX TRACT DESCRIPTION BEING A METES AND BOUNDS DESCRIPTION FOR A 132 ACRE TRACT SITUATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS OUT OF THE R H HOPKINS SURVEY, ABSTRACT NO 1694, AND BEING A PART OF THE 27 3495 ACRE TRACT OF LAND AS CONVEYED TO GOLDEN TRIANGLE JOINT VENTURE BY HERBERT D WEITZMAN, TRUSTEE AS RECORDED IN VOLUME 986 AT PAGE 937 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A 518" IRON ROD FOUND FOR THE MOST SOUTHERLY CORNER OF THE COLORADO COURTS SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN CABINET "C", PAGE 219 OF THE MAP RECORDS OF DENTON COUNTY, TEXAS, SAID POINT ALSO BEING IN THE NORTHEASTERLY LINE OF COLORADO BOULEVARD (100 FOOT RIGHT OF WAY), THENCE N 49049'00" E, ALONG THE SOUTHEAST LINE OF SAID COLORADO COURTS SUBDIVISION AND THE NORTHWESTERLY LINE OF THE AFORESAID 27 3495 ACRE TRACT, FOR A DISTANCE OF 225 09 FEET TO A 5/8" IRON ROD FOUND FOR CORNER, SAID POINT BEING IN THE SOUTHWEST LINE OF A 100 FOOT RIGHT OF WAY CONVEYED TO THE MISSOURI KANSAS AND TEXAS RAILROAD, THENCE* SOUTH 42005'00" EAST, ALONG THE SOUTHWEST LINE OF THE MISSOURI KANSAS ANS TEXAS RAILROAD AND THE NORTHEAST LINE OF THE 27 3495 ACRE TRACT FOR A DISTANCE OF 130 00 FEET, THENCE SOUTH 03°09'33" W, A DISTANCE OF 334 23 FEET TO A POINT IN THE NORTHEAST RIGHT OF WAY LINE OF COLORADO BOULEVARD, THENCE NORTH 40-1l'00" W, ALONG THE NORTHEAST LINE OF COLORADO BOULEVARD FOR A DISTANCE OF 373 00 FEET TOT HE PLACE OF BEGINNING AND CONTAINING 1 3153 ACRES OF LAND, MORE OR LESS EXHIBIT B Prohibited uses Radio and Television or Microwave Tower Sewage Pumping Station Sewage Treatment Plant Water Treatment Plant Sexually Oriented Business Stable, Private Club Stable, Commercial Rental Stable, Boarding Airport Landing Field or Heliport Bus Station or Terminal Livestock Auction Cleaning and Dyeing Plant Engine and Motor Repairing Job Printing or Newspaper Printing Milk Depot, Dairy or Ice Cream Plant Petroleum Products Storage — Wholesale Scientific or Research Laboratory Petroleum or Gas Well Mining or Storage of Wastes Hauling or Storage Company Motor Freight Terminal Tire Retreading or Capping Auto Wrecking or Salvage Yard Cleaning and Pressing Household Appliance Service and Repair Animal Clinic, Hospital or Kennel - (with outside runs and pens) Farm or Ranch Hatchery, Poultry Livestock Feeding Plant, pens or yards Cleaning Plant, Bags or Carpets Heavy Machinery Sales Laundry Plant (Commercial) Paint Shop Sand, Gravel or Earth Sales or Storage Trader Rental or Sales Petroleum Collecting or Storage Facilities Brick Kiln or Tile Plant Dump or Sanitary Fill Area Mixing and Sale of Concrete Open Salvage Yard for Rags or Machinery, Etc Clothing Manufacture or Light Compounding or Fabrication Temporary or Permanent Batching Plant for Asphalt or Concrete Storage and Sales of Furniture or Appliances outside of Building Extraction and Storage of Sand, Caliche, Stone, Clay or Gravel Light Manufacturing or Industrial Uses Which Meet Performance Standards S \Our Documents\0rdmances\01\98-018 correcting amendment doc ORDINANCE NO O4'01-11 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT AN INADVERTENT ERROR IN ORDINANCE NO 98-018 WHICH IS AN ORDINANCE ZONING AN APPROXIMATE 17 ACRE TRACT OF LAND LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, AT SAN JACINTO BOULEVARD TO LIGHT INDUSTRIAL CONDITIONAL (LI[C]), SAID ERROR BEING AN INADVERTENT ERROR IN THE DESCRIPTION OF THE PROPERTY BEING ZONED, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on February 3, 1998 the City Council approved Ordinance No 98-018 which zoned certain real property from Planned Development No 6 (PD-6) to Light Industrial Conditional (LI[c]), and WHEREAS, there was an inadvertent error in the legal description attached as Exhibit "A" to said ordinance as the minutes and the agenda back up clearly show that the eastern boundary of the property being rezoned is contiguous to existing light industrial zoned property, yet said legal description results in a narrow gap between the two properties, and WHEREAS, the City Council finds that Exhibit "A" attached to Ordinance No 98-018 was an inadvertent error and does not accurately describe the property that was rezoned, but instead, the approximate 17 acre real property described in Exhibit "A" to this ordinance is in fact the property that was rezoned by Ordinance No 98-018, and WHEREAS, the City Council finds that this ordinance is in the public interest, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Ordinance No 98-018 is hereby corrected and amended so that Exhibit "A" attached hereto and made a part hereof, being a description of approximately 1 7 acres of real property, substitutes and replaces Exhibit "A" to Ordinance No 98-018 This correction and amendment is retroactive to February 3, 1998, the date of passage of Ordinance No 98-018 SECTION 2 All other provisions of Ordinance No 98-018 not in conflict with this ordinance shall remain in full force and effect A copy of this ordinance shall be attached to Ordinance 98-018 showing the corrections and amendments herein approved SECTION 3 The recitations and findings contained in the preamble of this ordinance are substantive and are incorporated into the body of this ordinance as if fully set forth herein SECTION 4 This Ordinance shall be effective immediately upon its passage and approval, with the corrections and amendments contained herein having retroactive effect as provided in Section 1 hereof PASSED AND APPROVED tlus the P day of 2ftAh, 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY ' /m Ili, /f )11 He I A - AP OVED AS TO LEGAL FORM HERBERT L PROUTY, ITY ATTORNEY BY 4 PAGE EXHIBIT A Being a metes and bounds description for a 17 acre tract situated in the City of Denton, Denton County, Texas out of the R H Hopkins Survey, Abstract number 1694 and being part of the 27 3495 acre tract of as conveyed to Golden Triangle Joint Venture by Herbert D Weitzman, Trustee as Recorded in Volume 986 at Page 937 of the Deed Records of Denton County, Texas and more particularly described as follows Beginning at the most Southerly corner of the Colorado Courts Subdivision, an addition to the City of Denton, Texas according to the plat thereof Recorded in Cabinet C, Page 219 of the map Records of Denton County, Texas, said point also being on the Northeasterly line of Colorado Boulevard, Thence North 49 Degree 49 Minutes 00 Seconds East along the Southeast line of said Colorado Courts Subdivision and the Northwesterly line of aforesaid 27 3495 acre tract, for a Distance of 225 09 feet for a corner, Thence South 42 Degrees 05 Minutes 00 Seconds East, Along the Southwest line of the Missouri Kansas Texas and Texas Rail Road and the Northeast line of the 27 3495 acre tract for a distance of 180 00 feet for a corner, Thence South along the most Eastern boundary line of said R H Hopkins Survey a distance of 358 01 feet to the Northeast Right of Way line of Colorado Boulevard for a corner, Thence North 40 Degrees 11 Minutes 00 Seconds West along the Northeast Right of Way line of said Colorado Boulevard a distance of 453 48 feet to the Point of Beginning and containing 17 acres of land S \Our Documents\Ordinances\01\98-018 Correchon Zoning Boundary doc