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2014-262s:\legal\our documents\ardinances\I4�z14-6Q09.docx ORDINANCE NO. 2014-262 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AN EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT AND USE CLASSIFICATION TO A 1NDUSTIRAL CENTER GENERAL (IC-G) ZONING DISTRCT AND USE CLASSIFICATION ON TWO TRACTS TOTALING APPROXIMATELY 131.7 ACRES OF LAND; TR.ACT 1 IS GENERALLY LOCATED ON THE NORTHWEST CORNER OF WESTERN BOULEVARD AND JIM CHRISTAL ROAD. TRACT 2 IS GENERALLY LOCATED ON THE EAST SIDE OF WESTERN BOULEVARD, APPROXIMATELY 425 FEET SOUTH OF U.S. 380 AND 1,700 FEET NORTH OF JIM CHRISTAL RAOD; AND PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z14-0009) WHEREAS, Steven Homeyer (Homeyer Engineering, Inc.) has applied for a zoning change on two tracts of land totaling approximately 131.7 acres of land with Tract 1 legally described in Exhibit "A", attached hereto and incorporated herein by reference, and Tract 2 legally described in Exhibit "B", attached hereto and incorporated herein by reference (hereinafter, the "Properties") from an Employment Center Commercial (EC-C) zoning district and use classification to an Industrial Center General (IC-G) zoning district and use classification; and WHEREAS, on July 23, 2014, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval (5-0) of the change in zoning district and use classification; and WHEREAS, on August 19, 2014, the City Council concluded a public hearing as required by law, and find that the request meets and complies with all substantive and procedural standards set for in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton 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 and found to be true. SECTION 2. The zoning district and use classification for the Properties is hereby changed from Employment Center Commercial (EC-C) to Industrial Center General (IC-G). Notwithstanding the attached real property descriptions, the properties being rezoned include all properties to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official zoning map is amended to show the change in the zoning district and use classification. s:\legal\our documents\ordinances\14�z14-0009.docx 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 the 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 �`� °�' day of ��'����! f�` '� , 2014. d� .r.� , � � , .._ �'I � �` �T1 , MAYC�rc�� ATTEST: JENNIFER WALTERS, CITY SECRETARY =�t BY: �p ��, � A � �I'P� �T� A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY f r � ,..,.�� BY. �a �C ,.'.� �',�r,�.-.� �' � � s:\legal\aur documents\ardinances\14�z14-OOd9.docx Exhibit A Tract 1 Legal Description TRACT 1 FIELD NOTES to all that certain tract of land situated in the William Bryan Survey Abstract Number 148, in Denton County, Texas, and being a part of a called 160 acre tract of land described in a deed from Wallace E. Davis et ux to Dianne Davis Atkinson et ux and Wallace E. Davis Jr. et ux as recorded in Wolume 612 Page 430 of Deed Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING for the Northeast corner of the tract being described herein at a capped iron rod set at the intersection of the West line of Western Boulevard as defined by the Street Right-of-Way Donation Deed recorded in Instrument Number 2005-69877 Real Property Records, Denton County, Texas, and the North line of safd Atkinson & Davis tra ct; THENCE with the East line of the herein described tract and the West line of said Boulevard along or near a fence the following 11 courses and distances: 1)South 00 degrees 11 minutes 55 seconds East a distance of 139.63 feet to a capped iron rod set at the beginning of a curve to the left having a radius of 867.50 feet and a chord bearing of South 20 degrees 47 minutes 58 seconds East and a distance of 610.47 feet; 2) Southeasterly with the arc of said curve an arc distance of 623.82 feet to a capped iron rod found stamped "Arthur Surveying" for the end of said curve; 3) South 41 degrees 24 minutes 01 seconds East a distance of 250.38 feet to a capped iron rod found stamped "Arthur Surveying" at the beginning of a curve to the right having a radius of 882.49 feet and a chord bearing of South 20 degrees 07 minutes 20 second East and a distance of 640.51 feet; 4) Southeasterly with the arc of said curve an arc distance of 655.47 feet to a capped iron rod found stamped "Arthur Surveying" for the end of said curve; 5) South 01 degrees 09 minutes 21 seconds West a distance of 362.01 feet to a capped iron rod set for an angle point in said line; 6) South 05 degrees 26 minutes 28 seconds West a distance of 100.30 feet to a capped iron rod found stamped "Arthur Surveying"; 7) South 01 degrees 09 minutes 04 seconds West a distance of 300.09 feet to capped iron rod found stamped "Arthur Surveying"; 8) South 03 degrees OZ minutes 33 seconds East a distance of 100.25 feet to a capped iron rod found stamped "Arthur Surveying"; s:\legal\our documents\ordinances\14�z14-0009.docx 9) South 01 degrees 09 minutes 24 seconds West a distance of 947.71 feet to capped iron rod set for an angle point in said line; 10) South 08 degrees 16 minutes 51 seconds West a distance of 100.78 feet to a capped iron rod set for and angle point in said line 11) South 0� d�c�r�es [}9 rrr6nc�kes �1 see�n�i� iN�st a distance �f 5�fi,�1 ��et t� a capped iron r�� set f�ar th� mas� �a�t�r�y ��ta�h��st corner of the h�r�in d�scrih��4 tract at the North �4rn�r s�f a�r�ct a�f I�nd de���ib�d in �[�eed as a Ri�ht �� Way L7c��ativn to the City of Denton as recorded in County Clerk Number 2007-81318 of the Real Property Records, Denton County, Texas; THENCE South 45 degrees 38 minutes 46 seconds West with the Northwesterly line thereof along or near a fence a distance of 77.85 feet to a capped iron rod set for an angle point in said line; THENCE South 10 degrees 19 minutes 24 seconds West continuing with said line a distance of 2.31 feet to a capped iron rod set on the North side of said road; THENCE South 89 degrees 59 minutes 19 seconds West with the North side of said road along or near a fence a dlstance of 1354.83 feet to a capped iron rod set in the West line of said Atkinson & Davis tract; THENCE North 00 degrees 32 minutes 15 seconds East with the West line of said Atkinson & Davis tract a distance of 3533.12 feet to a capped iron rod set for the Northwest corner of said Atkinson & Davis tract; THENCE South 89 degrees 06 minutes 19 seconds East with the North line of said Atkinson & Davis tract along or near a fence a distance of 826.80 feet to the PLACE OF BEGINNING and enclosing 104.75 acres of land more or less. s:\legal\aur documents\ordinances\14�z14-Q009.docx Exhibit B Tract 2 Legal Description FIELD NOTES to all that certain tract of land situated in the William Bryan Survey Abstract Number 148, in Denton County, Texas, and being a part of a called 160 acre tract of land described in a deed from Wallace E. Davis e4 ux to Dianne Davis Atkinson et ux and Wallace E. Davis Jr. et ux as recorded in Volume 612 Page 430 of Deed Records, Denton County, Texas, the subject tract being more particularly described as follows: BEGINNING for the Northwest corner of the tract being described herein at a capped iron rod set at the intersection of the East line of Western Boulevard and the North line of said Atkinson & Davis tract; THENCE South 89 degrees 06 minutes 18 seconds East with the North line thereof along or near a fence a distance of 1009.87 feet to a point for the Northeast corner of said Atkinson & Davis tract and the Northeast corner of the herein described tract, from which a 6" wood fence post bears South 44 degrees 36 minutes 10 seconds West 0.80 feet and the Southeast corner of Lot One Block One of Bethel Temple Parsonage Addition, Cabinet F Page 117 P.R.D.C.T, bears South 84 degrees 42 minutes 20 seconds East 31.92 feet; said corner also being in the West line of a tract of land described in a deed to The Selwyn School as recorded in Volume 511 Page 178 Deed Records, Denton County, Texas; THENCE South 00 degrees 32 minutes 15 seconds West with the East line of said Atkinson & Davis tract and the West line of said Selwyn School along or near a fence a distance of 1787,22 feet to a point for the Northeast corner of a tract of land described in a deed to Rayzor Investments, Ltd., as recorded in County Clerks File Number 2012-144836, Real Property Records, Denton County, Texas; THENCE South 89 degrees 03 minutes 10 seconds West with the North line thereof a distance of 389.05 feet to a point for the Northwest corner of said Rayzor tract and being in the East line of Western Boulevard for the Southwest corner of the herein described tract; THENCE along the following 10 courses and distances with the West line of the herein described tract and the East line of said road: 1) North 07 degrees 22 minutes 30 seconds West a distance of 47.63 feet to a point; 2) North 01 degrees 09 minutes 21 seconds East a distance of 262.01 feet to a point at the beginning of a curve to the left having a radius of 1017.50 feet and a chord bearing of North 20 degrees 07 minutes 20 seconds West; s:\legal\our documents\ordinances\14�z14-0009.docx 3j Northw�sterly with the ar� of.s�id curVe'a tlistance.of 7�5:.74 fee.t to a �apped iron ra� �e4� 4) fllorhh 41 ���r�es �4 m�n�#�s 0'1 &e�o,nds West a dlstanc� vf 25{�:38 feet ta a ca�a�aed ir�an r�d s�t et the beginnPng of a��Erv� t� t�e right haVing .a c�dl�es �� 7�2.�� feet �"nd a chord bear�t�,g of �9�rth 20 c��gr��� d�7 minute.s.5.$;�e.cands 1IVe�Y; 5} Northwesterly with the arc of said curve a di5tance of 52f.75 feet to a c�pped Iron rod set; THENCE North 00 degrees 12 minutss Q1 seconds W�st a dletance of 137.05 feet, to the PLACE OF BEGINNINC3 and enclosing 26.9.5 acres of land more or less.