HomeMy WebLinkAbout1996-048Z-96-001 NOTE Amended by Ordinance No. 99-206
ORDINANCE NO %(p -O!�g
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE SINGLE FAMILY 7 (SF-7) AND MULTI -FAMILY 1 (MF-1) ZONING
DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO THE LIGHT
INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 5 4912 ACRES OF LAND LOCATED ON THE SOUTH SIDE
OF MCKINNEY, APPROXIMATELY 1,000 FEET WEST OF WOODROW, PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS
THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Denton County Public Facilities initiated a
change in zoning for 5 4912 acres of land from the Single Family 7
(SF-7) and Multi -Family 1 (MF-1) zoning district classifications
and use designations to the Light Industrial Conditioned (LI(c))
zoning district classification and use designation, and
WHEREAS, on February 14, 1996, the Planning and Zoning Commis-
sion recommended approval of the requested change in zoning, 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
SECTION I That the zoning district classification and use
designation of the 5 4912 acres of land described in Exhibit 1 is
changed from the Single Family 7 (SF-7) and Multi -Family 1 (MF-1)
zoning district classifications and use designations to the Light
Industrial Conditioned (LI(c)) zoning district classification and
use designation under the comprehensive zoning ordinance of the
City of Denton, Texas, subject to the condition that the property
may only be used for public buildings and professional and
administrative offices for local, state, or federal governments
SECTION II That the City's official zoning map is amended to
show the change in zoning district classification
SECTION III 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 IV That this ordinance shall become effective four-
teen (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 70k#eAd�k , 1996
PAGE 2
I RAO I
1HACT 1
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING M ING SITUATED
IN THE HIRAM 51SCO SURVEY ABSTRACT 1184, CITY OF UtNTON DEMON
COUNTY TEXAS AMC) BEING PART OF A (CALLED) 22 477 ACRE TRACT AS
DESCRIBED IN A DEED FROM HOMER KLEPPER TO GEORGE T LILLARD ON
THE 2NO DAY OF MAY 1959 RECORDED IN VOLUME 446 PAGE 239 DEED
PECOPDS OF DENTON COUNTY TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT AN IRON ROD SET FOR CORNER ON THE SOUTH RIGHT OF WAY
OF EAST McKINNEY STREET AT THE NORTHERNMOST NORTHEAST CORNER OF
SAID ULLARD TRACT ALSO BEING THE NORTHWEST CORNER OF A TRACT
DESCRIBED IN A OWELTY DEED FROM ILA FAYE LIEEARD TO WENDELL
GEORGE LILEARO DATED THE 29TH DAY OF 1994, RECORDED IN COUNTY
CLERKS INSTRUMENT NUMBER 94—R0066642, REAL PROPERTY RECORDS OF
DENTON COUNTY TEXAS
THENCE SOUTH 00 DEGREES 56 MINUTES 10 SECONDS EAST WITH AN EAST
LINE OF SAID 72 477 ACRE TRACT AND THE WEST LINE OF SAID WENDALL
CEORGE LILLARO TRACT A DISTANCE OF 15058 FELT TO A FOUND PK
NAIL IN A RETAINING WALL
THENCE SOUTH 89 DEGREES 26 MINUTES 35 SECONDS EAST WITH THE SOUTH
LINE OF SAID WENDALL GEORGE ULLARD TRACT A DISTANCE OF 20033
FEET TO AN IRON ROD FOUND FOR CORNER ON THE WEST LINE OF TRACT
OESCP19FD IN A DEED FROM GREATER TWO CORPORATION TO DEMON
COUNTY RECORDED IN VOLUME 3189 PAGE 324 REAL PROPERTY RECORDS
DEMON COUNTY TEXAS
THENCE SOUTH 00 DEGREES 59 MINUTES DO SECONDS EAST WITH AN FAST
LINE OF SAID 22 477 ACRE TRACT AND THE WEST LINE OF SAID DEMON
COUNTY TRACT A DISTANCE OF 376 45 FEET TO AN IRON ROD FOUND AT
THE NORTHEAST CORNER OF A (CALLED) 179335 ACRE TRACT DESCIBED IN
A DEED FROM GEORGE ULLARD TO DENTON COUNTY RECORDED IN COUNTY
CLERKS INSTRUMENT NUMBER 94—ROO14507 REAL PROPERTY RECORDS OF
DENTON COUNTY TEXAS
THENCE SOUTH 89 DEGREES 01 MINUTES 00 SECONDS WEST WITH THE NORTH
LINE OF SAID DENTON COUNTY TRACT A DISTANCE OF 48851 FEET TO AN
IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID DENTON COUNTY
TRACT ON THE WEST UNE OF SAID 22 477 ACRE TRACT AND THE EAST
RIGHT OF WAY OF RUDDELL STREET
THENCE NORTH 01 DEGREES 08 MINUTES 23 SECONDS WEST WITH THE WEST
UNE OF SAID 22 477 ACRE TRACT AND THE EAST RIGHT OF WAY OF
RUDOELL STRETT PASSING THE SOUTHEAST CORNER OF LOT 5 BLOCK 0
OF THE R A KERKSCICK SUBDIVISION RECORDED IN CABINET A PAGE
120 PUT RECORDS AND CONTINUING WITH THE EAST LINE OF BLOCK 0 AND
THE EAST LINE OF BLOCK B OF THE R A KERKSCICK SUBDIVISION
RECORDED IN VOLUME 366 PAGE 556 DEED RECORDS OF DENTON COUNTY,
TEXAS ALONG AND NEAR A FENCE A DISTANCE OF 389 60 FEET AN IRON
ROD FOUND AT A FENCE CORNER POST AT THE SOUTHWEST CORNER OF I
TRACT DESCRIBED IN A DEED FROM RALPH L TAYLOR ET UX TO GEORGE
A POLLARD ET UX RECORDED IN VOLUME 557 PAGE 395 DEED
RECORDS OF DENTON COUNTY TEXAS
THENCE SOUTH 89 DEGREES 24 MINUTES 15 SECONDS EAST ALONG AND NEAR
A FENCE PASSING THE SOUTHEAST CORNER OF SAID POLLARD TRACT WHICH
IS THE SOUTHWEST CORNER OF A TRACT DESCIBED IN A DEED FROM C M
KEELER ET UX TO JAMES H BARROW JR ET UK RECORDED IN VOLUME
1143 PAGE 130 DEED RECORDS OF DENTON COUNTY TEXAS AND
CONTINUING WITH THE SOUTH LINE OF SAID JAMES H BARROW JR
TRACT A TOTAL DISTANCE OF 14456 FEET TO A FENCE CORNER POST AT
THE SOUTHEAST CORNER OF SAID BARROW TRACT
THENCE NORTH 00 DEGREES 31 MINUTES 44 SECONDS WEST WITH THE FAST
LINE OF SAID BARROW TRACT ALONG AND NEAR A FENCE A DISTANCE OF
150 36 FEET TO AN IRON ROD SET ON THE SOUTH RIGHT OF WAY OF EAST
McKINNEY STREET AT THE NORTHEAST CORNER OF SAID BARROW TRACT
THENCE SOUTH 89 DEGREES 33 MINUTES 48 SECONDS EAST WITH THE SOUTH
RIGHT OF WAY OF EAST McKINNEY STREET AND THE NORTH LINE OF SAID
22 477 ACRE LILLARD TRACT A DISTANCE OF 143 79 FEET TO THE POINT
OF BEGINNING AND CONTAINING IN ALL 4 7982 ACRES OF LAND
ALL THAT CERTAIN TRAC H PARCEL OF LAND LYING AND BEING SITUATED
IN THE HIRAM SISCO SURVEY ABSTRACT 1164, CITY OF DENTON, DEMON
COUNTY TEXAS AND BEING THE SAME TRACT AS DESCRIBED IN A OWELTY
DEED FROM ILA FAYE ULLARD TO WENDELL GEORGE LRL RD DATED THE
291H DAY OF AUGUST 1994 RECORDED IN COUNTY CLERKS INSTRUMENT
NUMBER 94—ROO66642 REAL PROPERTY RECORDS OF DEMON COUNTY TEXAS
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT AN IRON ROD SET FOR CORNER ON THE SOUTH RIGHT OF WAY
OF EAST McKINNEY STREET AT THE NORTHERNMOST NORTHEAST CORNER OF
A (CALLED) 22 477 ACRE TRACT DESCRIBED IN A DEED FROM HOMER
KLEPPER TO GEORGE T LILIARD RECORDED IN VOLUME 448 PACE 239
DEED RECORDS OF DENTON COUNTY TEXAS AND ALSO BEING THE NORTHWEST
CORNER OF SAID WENDELL GEORGE ULLARD TRACT
THENCE SOUTH 89 DEGREES 33 MINUTES 42 SECONDS EAST WITH THE SOUTH
RIGHT OF WAY OF EAST McKINNEY STREET A DISTANCE OF 2DO 19 FEET
TO AN IRON ROD FOUND FOR CORNER AT THE NORTHEAST CORNER OF SAID
WENDALL GEORGE LILLARO TRACT AND THE NORTHWEST CORNER OF A TRACT
DESCRIBED IN A DEED FROM GREATER TWO CORPORATION TO DENTON
COUNTY RECORDED IN VOLUME 3189 PAGE 324 REAL PROPERTY RECORDS
DENTON COUNTY TEXAS
THENCE SOUTH 00 DEGREES 59 MINUTES 00 SECONDS EAST WITH AN EAST
LINE OF SAID WENDALL GEORGE ULLARO TRACT AND THE WEST LINE OF
SAID DENTON COUNTY TRACT A DISTANCE OF 151 00 FEET TO AN IRON
ROD FOUND AT THE SOUTHEAST CORNER OF SAID WENDALL GEORGE ULLARD
TRACT AND THE NORTHEAST CORNER OF SAID 22 477 ACRE GEORGE UUARD
TRACT
THENCE NORTH 89 DEGREES 26 MINUTES 35 SECONDS WEST WITH THE SOUTH
UNE OF SAID WENDALL GEORGE ULLARD TRACT MO THE NORTH UNE OF
SAID 22 477 ACRE GEORGE ULLARO TRACT A DISTANCE OF 200 33 FEET
TO A PK NAIL FOUND IN A RETAINING WALL AT THE SOUTHWEST CORNER OF
SAID WENDALL GEORGE ULLARO TRACT
THENCE NORTH 00 DEGREES 56 MINUTES 10 SECONDS EAST WITH THE WEST
UNE OF SAID WENDALL GEORGE LILLARO TRACT AND AN EAST UNE OF
SAID 22477 ACRE GEORGE ULLARD TRACT A DISTANCE OF 15058 FEET
TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0 693 ACRE OF
LAND
s win p umenmNOrdn aocn%9g 99 ou Whm doe
ORDINANCE NO qq— ao�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT
TO THE CONDITIONS OF ORDINANCES 89-171, 92-033, 94-126, AND 96-048 WHICH
ESTABLISHED CONDITIONED LIGHT INDUSTRIAL (LI[C]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 64 4155 ACRES OF LAND LOCATED ON
THE SOUTH SIDE OF MCKINNEY STREET AND THE WEST SIDE OF WOODROW LANE,
PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE (Z-99-035)
WHEREAS, Joseph Santopetro, on behalf of Denton County, has applied for an amendment
to the conditions of Ordinances 89-171, 92-033, 94-126, and 96-048, which established a
Conditioned Light Industrial (LI[c]) zoning district classification and use designation for 64 4155
acres of land, and
WHEREAS, on May 26, 1999, the Planning and Zoning Commission considered the
rezoning request and based on a 2-2 vote does not forward a recommendation to the City Council
regarding the requested change in conditions of Otdmances 89-171, 92-033, 94-126, and 96-048,
and
WHEREAS, the City Council finds that the change in the conditions of Ordinances 89-171,
92-033, 94-126, and 96-048 will be in compliance with the 1998 Denton Plan Policies, and the 1999
Growth Management Strategies and Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the conditions of Ordinances 89-171, 92-033, 94-126, and 96-048, which
established conditioned Light Industrial (LI[c]) zoning district classifications and use designations
for the subject 644155 acre property, described in the legal description attached hereto and
incorporated herein as Exhibit A, are amended under the comprehensive zoning ordinance of the
City of Denton, Texas, as follows
a That only public buildings, including correctional facilities, for local, state, or federal
governments and professional and administrative offices be permitted
b That there will be no curb cuts on Ruddell Street
c That a fence will be erected from Hickory street to the creek along Ruddell Street
SECTION II That the provisions of this ordinance shall govern and control over any
conflicting provisions of Ordinances 89-171, 92-033, 94-126, and 96-048, but all provisions of
Ordinances 89-171, 92-033, 94-126, and 96-048 as they apply to the remaining portion of the zoning
district land use regulations not herein amended, shall continue in full force and effect
SECTION III That a copy of this ordinance shall be attached to Ordinance 89-171, 92-033,
s\Om po[umrnb\OrCin9n[to\99Q 99.33 Orft.w d.,
94-126, and 196ji(l4ayshowing the amendments herein approved
SECTION 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
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 1 � day of 1999
JAC MI ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
e W .
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
I-OWT119Pa
EXHIBIT "A"
(Z-99-035)
BEING A TOTAL OF 64 4155 ACRES
TRACT 1 (21 9725 ACRES)
LOT IC-2 OF THE ADKISSON ADDITION, AN ADDITION TO THE CITY AND
COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET D, PAGE 187, OF THE PLAT RECORDS OF DENTON
COUNTY, TEXAS
TRACT 2 (10 303 ACRES)
LOT 1, BLOCK 1 OF THE DENTON COUNTY MAINTENANCE FACILITY
ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS,
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET M, PAGE 133,
OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS
TRACT 3 (32 140 ACRES)
LOT 1, BLOCK A, OF THE DENTON COUNTY CRIMINAL JUSTICE FACILITY
ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS,
ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET M, PAGE 384,
OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS