The URL can be used to link to this page

Home My WebLink About2008-079sAour documents\ordinances\08\7.08-0003.doe ORDINANCE NO. 2DOg-D179 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AN EMPLOYMENT CENTER INDUSTRIAL (EC -I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO AN EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION COMPRISING 23.551 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF MORSE STREET AND LOOP 288, AND LEGALLY DESCRIBED AS LOT 1, PHASE 1, AND LOTS 2 AND 3, BLOCK 2, PHASE 5 OF THE GOLDEN TRIANGLE INDUSTRIAL PARK, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z08-0003) WHEREAS, HDR Architecture, has applied for a change in zoning for approximately 23.551 acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Property") from an Employment Center Industrial (EC -I) zoning district classification and use designation to an Employment Center Commercial (EC-C) zoning district classification and use designation; and WHEREAS, on February 20, 2008, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; 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 as true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from Employment Center Industrial (EC -I) to Employment Center Commercial (EC-Q. Notwithstanding the attached real property description, the property being rezoned includes all property to the centerline of all adjacent street rights -of -way. SECTION 3. The City's official land use map is amended to show the change in the land use designation. 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. sAour documenN\ordinances\08\z08-0003,dcc 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 City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the /4� day of 2008. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: sAour dwumenL \ordinances\08\z08-0003.do EXHIBIT A LEGAL DESCRIPTION BEING A 23.551 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NUMBER 927 DENTON COUNTY, TEXAS. AND BEING ALL OF LOTS 2 AND 3, BLOCK 2, OF GOLDEN TRIANGLE INDUSTRIAL PARK PHASE V, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS ACCORDING TO THE FINAL PLAT RECORDED IN CABINET C, PAGE 87 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. ALSO BEING ALL OF TRACT 1 OF GOLDEN TRIANGLE INDUSTRIAL PARK, PHASE I AN ADDITION TO THE CITY OF DENTON TEXAS ACCORDING TO THE FINAL PLAT RECORDED IN CABINET K, PAGE 99 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. SAID 23.551 ACRE TRACT BEING MORE PARTICULARY DESCRIBED BY METES,AND BOUNDS AS FOLLOWS. BEGINNING at a 5/8 inch capped iron rod set and stamped TNP for the northwest comer hereof also lying at the intersection of the east right-of-way line of Loop 288 (variable width right-of-way) and the south right-of- way line of Morse Street (60 foot wide right of way). Said point also being the northwest corner of said Tract 1; THENCE N 890 28' 40" E, along the north line hereof and the south line of said Morse street passing at a distance 410.80 feet, a 1/2 inch capped iron rod found and stamped RPLS 1849 for the northeast comer of said Tract 1. Continuing in all a total distance of 816.93 feet, to a 1/2 inch capped iron rod found and stamped RPLS 1849 for the northeast corner hereof and said Lot 2, also lying at the intersection of the west right-of-way line of Kimberly Drive (60 foot wide right-of-way) and the south right-of-way line of said Morse Street; THENCE along the west line of said Kimberly Drive the following five courses and distances: S 01' 29' 25" W, passing at a distance of 530.13 feet, a 1/2 inch capped iron rod found and stamped RPLS 1849 for the southeast comer of said Lot 2, also being the northeast comer of said Lot 3, continuing in all a total distance of 633.77 feet to a 1/2 inch capped iron rod found. Also being the beginning of a curve to the right having a radius of 530 feet, a central angle of 30' 28' 55" and.a chord bearing of S 16' 46' 19" W with a chord distance of 278.65 feet; Along said curve to the left an are length of 281.97 feet, to a 5/8 inch capped iron rod set and stamped TNT; S 32' 00' 00" W, a distance of 144.90 feet, to a 1/2 inch iron rod found also being the beginning of a curve to the left having a central angle of 32° 31' 41 " a radius of 590.00 feet, and a chord which bears S 15' 44' 09" W with a chord length of 330.48 feet; Along said curve to the left an arc length of 334.96 feet, to a 5/8 inch capped iron rod set and stamped TNP; S 00' 31' 41" E, a distance of 31.45 feet, to a 1/2 inch capped iron rod found and stamped RPLS 1849 for the southeast comer hereof, the southeast comer of said Lot 3 and lying at the intersection of the east line of said Kimberly Drive and the north right-of-way line of Karina Lane (60 foot wide right-of-way); THENCE S 890 30' 12" W, along the south line hereof and the north line of said Karina Lane a distance of 587.01 feet, to a 5/8 inch capped iron rod set and stamped TNP for the southwest comer hereof. Said point also being at the intersection of the north line of said Karina and the east line of said Loop 288; THENCE N 01 ° 23' 03" E, along the west line hereof the east line of said Loop 288 a distance of 1369.64 feet, to a 5/8 inch capped iron rod set and stamped TNP; THENCE N 000 52' 01" E, continuing along said Loop 288 a distance of 1.18 feet, to the POINT OF BEGINNING and containing 23.551 acres of land more or less. PAGE 3 sAour documents\ordinances\OS\z08-0003.d(x EXHIBIT B I I 0 ...... -------------- -E ORSE as �� y 0 /56 jest/ 'J ��/�/ Propertyr ...................................... J_ W I m I Y � C7 '1 0 m GAYLA lJj r 610 306 0 ` 610 Feet =A Clow,