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ORDINANCE NO. 2006 -1 6
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE OF 6.22 ACRES FROM EMPLOYMENT CENTER INDUSTRIAL (EC -I) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO EMPLOYMENT CENTER
COMMERCIAL (EC-C) GENERALLY FRONTING 525.96 FEET ON THE WEST SIDE OF
FORT WORTH DRIVE (U.S. 377) BEGINNING AT A POINT APPROXIMATELY 600 FEET
SOUTHWEST OF THE INTERSECTION OF FORT WORTH DRIVE AND COUNTRY
CLUB ROAD, AND LEGALLY DESCRIBED AS A PORTION OF LOT 1, BLOCK A OF
THE RICKS AND CHEEK ADDITION, BEING 10.559 ACRES IN THE B.B.B. & C.R.R.
SURVEY A-196 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND
LEGALLY DESCRIBED IN EXHIBIT "A'; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVER -ABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0009)
WHEREAS, Mike Beaver, on behalf of the owner, Bill Cheek, Jr., initiated a change in
zoning for approximately 6.22 acres of land particularly described in Exhibit "A", attached
hereto and made a part hereof (the "property"), from the Employment Center -Industrial (EC-1) to
the Employment Center Commercial (EC-C) zoning district and use designation; and
WHEREAS, on March 22, 2006, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
and
WHEREAS, the City Council finds the change in 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 changed from Employment Center -Industrial (EC -I) to Employment Center Commercial
(EC-Q.
SECTION 3. The City's official zoning map is 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 City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the �t,day of 2006.
e"" �
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 0 tV\\.NI r I— (A )0 � t _d__"
APPROVED AS TO LEGAL FORM:
EXHIBIT "A"
PROJECT NUMBER Z-06-9069
FIELD NOTES
6.217 ACRES -
BEING all that certain lot, tract or parcel of land situated in the B. B. B. and C. R.
R. Company Survey Abstract Number 196 in the City of Denton, Denton County,
Texas, being a part that certain tract of land conveyed by deed from Jack Bell
Companies, Inc. to Marshall J. Ricks and Murray N. Ricks and William J. Cheek,
Jr.recorded in Volume 4526, Page 1687, Real Property Records Denton
County, Texas, and being more particularly described as follows:
BEGINNING at an iron pipe found for comer in the northwest line of United
States Highway Number 377 (also known as Forth Worth Drive), apublic
roadway having a variable right-of-way, said point being the northeast corner of
that certain tract of land conveyed by deed from W. M. Jagoe at al to
Jagoe-Public Company recorded in Volume 552, Page 466, Deed Records,
Denton County, Texas;
THENCE N 89- 57' 2lY' W. 472.74 feet with the north line of said Jagoe-Public
Company tract to a fence comer for comer; '
THENCE N 00° 10' 30" E, 188.16 feet with a fence to a fence comer for comer,
THENCE N 890 29 ' 53" W, 132.07 feet with a fence to a fence comer for
comer,
THENCE N 00° 10' 29" E, 185.49 feet with a fence to a fence comer for comer
in the south line of Country View Mobile Home Park, an addition to the City of
Denton, Denton County, Texas according to the plat thereof recorded in Cabinet
E, Page 117, Plat Records, Denton County, Texas;
THENCE S 89" 57' 05" E, 972.88 feet with said south line of said Country View
Mobile Home Park to an iron pipe found for comer in said northwest line of said
U. S. Highway;
THENCE S 44° 35' 1 Z' W, 525.96 feet with said northwest line of said U. S.
Highway to the PLACE OF BEGINNIN(