1998-018 NOTE Amended by Ordinance No 2001-114
O CENO
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 1 32 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 Goldan Triangle Joint Venture No 6, owners of
the subject property, has appl, ed for a change m zomng from the Planned Development No 6 (PD-6)
to the Light Industrial conditioned (LI[¢]) zomng district classification and use designation as shown
m Exh,blt B, and
WHEREAS, on January 14, 1998, the Planmng and Zoning Commasmon recommended
approval of the zomng change, and
WHEREAS, the C,ty Couned finds that the change in zomng wll be m comphance vath the
Denton Development Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That 1 32 acres more particularly described by the legal description attanhed
hereto and incorporated herein as Exlnblt A, is hereby changed from Planned Development No 6
(PD-6) to a Light Industrial conditioned (LI[c]) zomng dmtnct dasmfieatlon and use designation w~th
the uses described In Exinblt "B', which m attached hereto and Incorporated herein for all purposes,
being proinbited
SECTION II That the prowmons of this ord, nance as they apply to the 1 32 acres shown m
Exinblt "A" shall govern and control over any conflicting provision of Planned Development No 6,
but all the provmlons of Planned Development No 6 as they apply to that remmmng portion of the
district not herein amended, shall continue m force and effect and shall apply to the remmnder of smd
district
SECTION III That a copy of tins ordinance shall be attached to Planned Development No
6 showing the amendment herein approved
SECTION IV That any person v~olatmg any provision of this ordinance shall, upon
conwctlon, be fined a sum not exceeding $2,000 00 Each day that a provision of tins ordinance is
violated shall constitute a separate and dmtmct offense
SECTION V That tins ordinance shall become effective fourteen (14) days from the date
of its passage, and the C,ty Secretary m hereby directed to cause the caption of tins ordinance to be
pubhshed twice m the Denton Record Chromcle, the official newspaper of the C~ty of Denton, Texas,
within ten (10) days of the date ofxts passage
PASSED AND APPROVED ttus the ,_~ ~t/day of /~f~ , 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
EXHIBIT A
97052
ZON EX
TRACT DESCRIPTION
BEING A METES AND BOUNDS DESCRIFrlON FOP` A 1 32 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 COLrNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS
BEGINNING AT A 5/8" IRON ROD FOUND FOP. THE MOST SOUTHERLY CORNEK OF THE COLORADO
COUP. TS 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 49°49'00'' 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 RAILKOAD,
THENCE* SOUTH 42°05'00" 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,
TKENCE 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° 11'00" 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 M~crowave Tower Hauhng or Storage Company
Sewage Pumping Station Motor Freight Terminal
Sewage Treatment Plant T~re Retreading or Capping
Water Treatment Plant Auto Wrecking or Salvage Yard
Sexually Oriented Bus~ness Cleamng and Pressing
Stable, Pnvate Club Household Apphance Service and Repair
Stable, Commercial Rental Ammal Chmc, Hospital or Kennel -
Stable, Boarding (w~th outside runs and pens)
A~rport Landing F~eld or Hehport Farm or Ranch
Bus Stat[on or Terminal Hatchery, Poultry
Lwestock Auction L~vestock Feeding Plant, pens or yards
Cleamng and Dyeing Plant Cleamng Plant, Bags or Carpets
Engine and Motor Repalnng Heavy Machinery Sales
Job Pnntlng or Newspaper Pnntlng Laundry Plant (Commercial)
MHk Depot, Dairy or Ice Cream Plant Paint Shop
Petroleum Products Storage - Wholesale Sand, Gravel or Earth Sales or Storage
Sc~enbflc or Research Laboratory Trader Rental or Sales
Petroleum or Gas Well Petroleum Collecting or Storage Facilities
M~mng or Storage of Wastes Bnck Kdn or Tile Plant
Dump or Samtary Fdl Area M~xlng and Sale of Concrete
Open Salvage Yard for Rags or Machinery, Etc
Clothing Manufacture or bght Compounding or Fabncabon
Temporary or Permanent Batchmg Plant for Asphalt or Concrete
Storage and Sales of Furmture or Apphances outside of Budding
Extracbon and Storage of Sand, Cahche, Stone, Clay or Gravel
L~ght Manufactunng or Industrial Uses Which Meet Performance Standards
S \Our Documents\Ordm ances\0t~98-018 correcting atnendment doc
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO CORRECT AN INADVERTENT ERROR 1N ORDINANCE NO 98-018
WHICH IS AN ORDINANCE ZONING AN APPROXIMATE 1 7 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 Ctty Cotmcd approved Ordinance No 98-018
Much zoned certain real property from Planned Development No 6 (PD-6) to L~ght Industrial
Cond~Uonal (LI[c]), and
WHEREAS, there was an inadvertent error ~n the legal descnpt, on attached as Extub~t
"A" to smd ordinance as the m~nutes and the agenda back up clearly show that the eastern
boundary of the property being rezoned ~s conUguous to ex~st~ng hght mdusmal zoned property,
yet sa~d legal description results ~n 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
~nstead, the approximate 1 7 acre real property described ~n Exhibit "A" to th~s ordinance ~s m
fact the property that was rezoned by Ordinance No 98-018, and
WHEREAS, the C~ty Council finds that th~s ordinance ~s ~n the pubhc ~nterest, NOW,
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I Ordinance No 98-018 ~s hereby corrected and amended so that Exhibit
"A" attached hereto and made a part hereof, being a descnpUon of approximately 1 7 acres of
real property, substitutes and replaces Exfub~t "A" to Ordinance No 98-018 Th~s correcUon and
amendment ~s retroactive to February 3, 1998, the date of passage of Ordinance No 98-018
SECTION 2 All other prov, s~ons of Ordinance No 98-018 not ~n conflict w~th th~s
ordinance shall remain m full force and effect A copy of th~s ordinance shall be attached to
Ordinance 98-018 showing the correct,ons and amendments here~n approved
SECTION 3 The recitations and findings contained ~n the preamble ofth~s ordinance are
substantive and are incorporated ~nto the body ofth~s ordinance as ~f fully set forth hereto
SECTION 4 Th~s Ordinance shall be effecUve ~mmed~ately upon its passage and
approval, w~th the corrections and amendments contained here~n hawng retroactive effect as
prowded m SeeUon 1 hereof
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERB~TTORNEY
BY
PAGE 2
EXHIBIT A
Being a metes and bounds description for a 1 7 acre tract situated in the City of
Denton, Denton County, Texas out of the R H Hoplons Survey, Abstract number
1694 and being part of the 27 3495 acre tract of as conveyed to Golden Triangle
Jomt Venture by Herbert D Weltzman, Trustee as Recorded m Volume 986 at Page
937 of the Deed Records of Denton County, Texas and more particularly described
as follows
Begmmng at the most Southerly comer of the Colorado Courts Stlbdlvlslon, an
adchtmn to the City of Denton, Texas according to the plat thereof Recorded ~n
Cabinet C, Page 219 of the map Records of Denton County, Texas, smd pmnt also
being on the Northeasterly line of Colorado Boulevard,
Thence North 49 Degree 49 Mmutes 00 Seconds East along the Southeast hne of
smd Colorado Courts Subchvlslon and the Northwesterly hne of aforesmd 27 3495
acre tract, for a Dastance of 225 09 feet for a comer,
Thence South 42 Degrees 05 Mmutes 00 Seconds East, Along the Southwest lane of
the Missouri Kansas Texas and Texas Rml Road and the Northeast lane of the
27 3495 acre tract for a &stance of 180 00 feet for a comer,
Thence South along the most Eastern boundary lane of smd R H Hopkins Survey a
distance of 358 01 feet to the Northeast R~ght of Way line of Colorado Boulevard
for a comer,
Thence North 40 Degrees 11 Manutes 00 Seconds West along the Northeast Poght
of Way line of smd Colorado Boulevard a d~stance of 453 48 feet to the Point of
Beginning and contmmng 1 7 acres of land
S \Our Documents\Ordinances\01L98-018 Correet~on Zonnmg Boundary doc