2008-079. ~' s:\nur documents\ordinances\08\x08-0003.da
ORDINANCE NO. ZDO~'-D~I9
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
MAXIMi.IM AMOUNT OF $2,000.00 FOR V IOLATIONS 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 2Q 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-C).
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.
s:\our docnments~ordinances\08\z08-0OOldcc
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 CityofDenton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ~5~ day of , 2008.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
' s:\ourAwumenLS\ordinances\08\z08-0003.dcc
EXHIBIT A
LEGAL DESCRIPTION
BEING A 23.551 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. COMPANY SURVEY,
ABSTRACTNUMBER 927 DENTON COUNTY, TEXAS. AND BEING ALL OF LOTS 2 AND 3, BLOCK
2, OP GOLDEN TRIANGLE INDUSTRIAL PARK PHASE V, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY,'fEXAS 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 89° 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 al] 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 O1° 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 feat, a central angle of 30° 28' S5" 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 arc length of 281.97 feet, to a 5/8 inch capped iron rod set and
stamped TNP; 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 89° 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 O 1 ° 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 00° 52' Ol" 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.
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