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2008-080s:\our documeu6\ardiuauces\08\z08-0004.dce ORDINANCE NO. .20OfS~O~D 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 18.113 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF KARINA STREET AND KIMBERLEY STREET, AND LEGALLY DESCRIBED AS LOTS 2, 3, AND 4, 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 EFFECTNE DATE. (Z08-0004) WHEREAS, HDR Architecture has applied for a change in zoning for approximately 18.113 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:\uur ducumcnLS\ordinances\OB\z08-0004.dm 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 ofDenton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~~day of __~d~ , 2008 ,, PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: , s:\our documenLS\ordinances\O8\z08-0004.dac EXHIBIT A LEGAL DESCRIPTION BEING A 18.113 ACRE TRAC"1' OF LAND SITUATED IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NUMBER 927 DENTON COUN"I'Y, TEXAS. AND BEING ALL OF LOTS 2, 3 AND 4, BLOCK 3, 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. SAB) 18.113 ACRE TRACT BEING MORE PARTICULARY DESCRIBED BY METE5 AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8 inch capped iron rod found and stamped DC&A for the northeast corner hereof, the southeast corner of Lot 1 and the northeast comer of Lot 2 of said Golden Triangle Industrial Park. Said point also lying in the west right-of--way line of Mayhill Road (variable width right-of--way); THENCE S O l ° 44' 38" W, along the east line hereof the west line of said Mayhill road passing at a distance of403.69 feet, a''/z inch capped iron rod found and stamped RPLS 1849 for the southeast corner of said Lot 2 and the northeast comer of said Lot 3. Continuing in'all a total distance of 799.93 feet, to a''/z inch capped iron rod found and stamped RPLS 1849 for the southeast comer hereof and said Lot 3; THENCE S 89° OS' 33" W, along the south line of said Lot 3 a distance of 581.62 feet to a 'h inch capped iron rod found and stamped RPLS 1849, for an angle point hereof the southwest comer of said Lot 3 and lying in the east line ofsaid Lot 4; THENCE S 02° 36' 49" W, along the east line ofsaid Lot 4 a distance of 68.92 feet, to a''/z inch iron rod found for the southeast comer of said Lot 4. Also being the northeast comer of Lot 1, Block 1, Denton Plaza Addition, an addition to the City of Denton according to the Final Plat recorded in Cabinet T, Page 323 ofsaid Plat Records; THENCE S 89° 35' 33" W, along the common line of said Lot 4 and Plaza Addition, a distance of 739.25 feet, to a 5/8 inch capped iron rod set and stamped "fNP, for the southwest comer hereof, also lying at the intersection of the east right-of--way line of Kimberly Drive (60 foot wide right-of--way) and the north line of an extension of Karina Lane according to a 35 foot wide right-of--way dedication as shown on plat of said Plaza Addition; THENCE N 00° 31' 41" W, along the east right-of--:way line ofsaid Kimberly Drive the west line of said Lot 4, a distance of 61.47 feet, to a 5/8 inch capped iron rod set and stamped TNP. Also being the beginning of a curve to the right having a central angle of 32° 31' 41" a radius of 530.00 feet, and a chord which bears N 15° 44' 09" E and a chord distance of 296.87 feet; THENCE along said curve to the right an arc length of 300.89 feet, to a '/z inch iron rod found; TIH:NCE N 32° 00' 00" E. continuing along said Kimberly Lane and the west line of said Lo[ 4 a distance of 144.90 feet, to an "x" cut found for the most westerly northwest corner hereof the northwest comer of said Lot 4 and the southwest comer of Lot 5 of said Golden Triangle Industrial Park; THENCE N 89° 36' 27" E, along the common line of said Lots 4 and 5 at distance of 607.98 feet, to a''/z inch iron rod found for an angle point hereof also being the common comer for said Lots 2,3, 4 and 5; PAGE 3 s:bur doeumcnLS\ordinances\08\z08-0004.dce THENCE N 02° 59' 04" E, along the common line of said Lots 2 and 5 a distance of 404.09 feet, to a %z inch iron rod found for the most northerly northwest corner hereof and the common north comer for said Lots 1, 2, 5 and 6 of said Golden'I'riangle Industrial Park; THENCE N 89° 28' S6" E, along a north line hereof the common line of said Lots 1 and 2 a distance of 562.5 feet, to the POINT OF BEGINNING and containing 18.113 acres of land more or less; PAGE 4 s:\uur documents\ordinances\08\z08-0004.doc EXHIBIT B a KAR v r.. 610 305 0 610 Feet PAGE 5