2007-281Oour documents\ordinanccs\07\z07-0023 aidi dishibutionAm
ORDINANCE NO. Ap07-,q', 0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY ZONING 181.123 ACRES
OF LAND, LOCATED ON THE WEST SIDE OF UNDERWOOD ROAD, SOUTH OF DENTON
MUNICIPAL AIRPORT AND NORTH OF HICKORY CREEK, TO INDUSTRIAL CENTER
GENERAL (IC-G) CLASSIFICATION AND USE DESIGNATION IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE. (Z07-0023)
WHEREAS, Aldi, Inc./Scott Huska initiated a request for initial zoning on 181.123 acres of
land legally described in Exhibit "A" attached hereto and incorporated herein by reference (the
"Property"), to the Industrial Center General (IC-G) zoning district and use designation; and
WHEREAS, on October 24, 2007, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the requested zoning; and
WHEREAS, the City Council finds the 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
designated as Industrial Center General (IC-G). 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 zoning map is hereby 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.
SECTIONS. 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.
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 Al day of OhLPw--m' '2007.
C
PERK McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~~~APPROVED AS TO LEGAL FORM:
Exhibit A
PROPERTY DESCRIPTION
SOUTH 00°51'18" EAST (CALLED SOUTH 00"11'34" EAST) ALONG THE
WEST LINE OF SAID 10 ACRE TRACT OF LAND, A DISTANCE OF 646.53
FEET TO A 5-INCH STEEL POST FOUND FOR THE SOUTHWEST
CORNER OF SAID 10 ACRE TRACT SAME BEING THE NORTHWEST
CORNER OF THAT CALLED 15.0469 ACRE TRACT OF LAND
DESCRIBED IN DEED TO JON MICHAEL RILEY RECORDED IN COUNTY
CLERK'S FILE NUMBER 200-112709, DRDCT;
SOUTH 01°32'26" EAST (CALLED SOUTH 00°48'00" EAST) ALONG THE
WEST LINE OF SAID 15.0469 ACRE TRACT OF LAND, A DISTANCE OF
644.99 FEET (645.16 FEET) TO A 5-INCH STEEL POST FOUND FOR THE
SOUTHEAST CORNER OF SAID 15.0469 ACRE TRACT OF LAND SAME
BEING THE NORTHWEST CORNER OF THAT CALLED 3.47 ACRE
TRACT OF LAND DESCRIBED IN DEED TO KELLI ANN HOLDSCLAW
RECORDED IN COUNTY CLERK'S FILE NUMBER 2003-164462, DRDCT;
SOUTH 01°23'09" EAST (CALLED SOUTH 00°41'32" EAST) ALONG THE
WEST LINE OF SAID 3.47 ACRE TRACT OF LAND AT A DISTANCE OF
60.00 FEET PASSING THE SOUTHWEST CORNER OF SAID 3.47 ACRE
TRACT OF LAND, CONTINUING ALONG A WEST LINE OF THE
REMAINDER OF THAT CALLED 3.575 ACRE TRACT OF LAND
DESCRIBED IN DEED TO HELEN ANN STULTS RECORDED IN VOLUME
723, PAGE 383, DRDCT, IN ALL FOR A DISTANCE OF 547.58 FEET
(547.42 FEET) TO A 5/8-INCH IRON ROD FOUND FOR THE SOUTHEAST
CORNER OF SAID 3.575 ACRE TRACT OF LAND, SAME BEING THE
NORTHWEST CORNER OF THAT CALLED 76.768 ACRE TRACT OF
LAND DESCRIBED IN DEED TO 'FAY CHARALAMBOPOULOS
RECORDED IN VOLUME 1166, PAGE 235, DRDCT;
SOUTH 00°42'07" EAST (CALLED SOUTH 00°00'11" WEST) ALONG THE
WEST LINE OF SAID 76.768 ACRE TRACT OF LAND, A DISTANCE OF
344.00 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER;
THENCE SOUTH 89°15'29" WEST (CALLED SOUTH 89°58'11" WEST)
CONTINUING ALONG SAID WEST LINE, CROSSING SAID UNDERWOOD
ROAD, A DISTANCE OF 125.00 FEET TO A 5/8-INCH IRON ROD WITH CAP
STAMPED "BURY + PARTNERS" SET FOR CORNER:
THENCE SOUTH 00°58'24" EAST (CALLED SOUTH 00°15'42" EAST)
CONTINUING ALONG SAID WEST LINE. A DISTANCE OF 741.29 FEET
(CALLED 759.02 FEET) TO A POINT FOR CORNER IN THE APPROXIMATE
CENTERLINE OF HICKORY CREEK;
THENCE GENERALLY ALONG THE CENTERLINE OF SAID HICKORY
CREEK, THE FOLLOWING:
SOUTH 87°30'48" WEST, A DISTANCE OF 239.64 FEET TO A POINT FOR
CORNER;
NORTH 73°39'25"
WEST,
A
DISTANCE
OF 375.00
FEET TO A
POINT
FOR CORNER;
NORTH 85°04'36"
WEST,
A
DISTANCE
OF 125.00
FEET TO A
POINT
FOR CORNER;
NORTH 59001'39"
WEST,
A
DISTANCE
OF 125.00
FEET TO A
POINT
FOR CORNER;
NORTH 77°1100"
WEST,
A
DISTANCE
OF 225.00
FEET TO A
POINT
FOR CORNER;
NORTH 44°54'14"
WEST,
A
DISTANCE
OF 250.00 FEET TO A POINT
FOR CORNER;
NORTH 70°50'48"
WEST,
A
DISTANCE
OF 200.00 FEET TO A POINT
FOR CORNER;
NORTH 25°13'04"
WEST,
A
DISTANCE
OF 300.00 FEET TO A POINT
FOR CORNER;
NORTH 50°31'33"
WEST,
A
DISTANCE
OF 250.00 FEET TO A POINT
FOR CORNER;
NORTH 71°13'36"
WEST,
A
DISTANCE
OF 135.00 FEET TO A POINT
FOR CORNER;
NORTH 51°30'48"
WEST,
A
DISTANCE
OF 400.00 FEET TO A POINT
FOR CORNER;
NORTH 23000'02"
WEST,
A
DISTANCE
OF 150.00 FEET TO A POINT
FOR CORNER;
NORTH 56°52'59"
WEST,
A
DISTANCE
OF 130.00 FEET TO A POINT
FOR CORNER;
SOUTH 65°44'28" WEST, A
DI
STANCE OF 290.00 FEET TO A POINT FOR
CORNER;
NORTH 85°49'55" WEST, A DISTANCE OF 100.00 FEET TO A POINT
FOR CORNER;
NORTH 65°07'02" WEST, A DISTANCE OF 100.00 FEET TO A POINT
FOR CORNER;
NORTH 36°33'57" WEST, A DISTANCE OF 472.90 FEET TO A POINT
FOR CORNER IN THE SOUTH LINE OF THAT CALLED 31.107 ACRE
TRACT OF LAND DESCRIBED IN THE JUDGMENT DEED TO THE CITY
OF DENTON, RECORDED IN COUNTY CLERK'S FILE NUMBER 94-
71013, DRDCT;
THENCE SOUTH 89°35'34" EAST (CALLED SOUTH 88°53'58" EAST) ALONG
SAID SOUTH LINE, A DISTANCE OF 728.66 FEET TO A 1/2-INCH IRON ROD
FOUND FOR THE SOUTHEAST CORNER OF SAID 31.107 ACRE TRACT OF
LAND;
THENCE NORTH 07°50'48" WEST (CALLED NORTH 07°10'06" WEST) ALONG
.THE EAST LINE OF SAID 31.107 ACRE TRACT OF LAND, A DISTANCE OF
1010.08 FEET (CALLED 1009.80 FEET) TO A 112-INCH IRON ROD FOUND
FOR THE NORTHEAST CORNER OF SAID 31.107 ACRE TRACT OF LAND,
SAME BEING THE SOUTHEAST CORNER OF THAT CALLED 13.89 ACRE
TRACT OF LAND DESCRIBED IN THE JUDGMENT DEED TO THE CITY OF
DENTON, RECORDED IN VOLUME 871, PAGE 137, DRDCT;
THENCE NORTH 00024'11" EAST (CALLED NORTH 01-06-57- EAST) AT A
CALLED DISTANCE OF 500 FEET PASSING THE NORTHEAST CORNER OF
SAID 13.89 ACRE TRACT OF LAND SAME BEING THE SOUTHEAST
CORNER OF THAT CALLED 24.73 ACRE TRACT OF LAND DESCRIBED IN
SAID JUDGMENT DEED TO THE CITY OF DENTON, RECORDED IN VOLUME
871, PAGE 137, DRDCT, CONTINUING ALONG EAST LINE OF SAID 24.73
ACRE TRACT OF LAND IN ALL FORA DISTANCE OF 700.05 FEET (CALLED
699.98 FEET) TO A 1/2-INCH IRON ROD FOUND FOR CORNER;
THENCE SOUTH 89934'22" EAST (CALLED SOUTH 88°52'57" EAST)
CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 144.64 FEET
(CALLED 144.76 FEET) TO A 112-INCH IRON ROD FOUND FOR CORNER;
THENCE NORTH 00°23'42" EAST (CALLED NORTH 01'04'51" EAST)
CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 629.09 FEET
(CALLED 629.19 FEET) TO A 1/2-INCH IRON ROD FOUND FOR THE
NORTHEAST CORNER OF SAID 24.73 ACRE TRACT OF LAND AND BEING
IN THE SOUTH LINE OF THE AFOREMENTIONED SOUTHEAST AIRPORT
ADDITION;
THENCE NORTH 88042'27" EAST (CALLED NORTH 89°25'26" EAST) ALONG
THE SOUTH LINE OF SAID SOUTHEAST AIRPORT ADDITION, A DISTANCE
OF 1533.88 FEET (CALLED 1534.00 FEET) TO THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 8,050,409 SQUARE FEET OR 184.812
ACRES OF LAND OF WHICH 160,690 SQUARE FEET OR 3.689 ACRE OF
LAND LIES WITHIN THE FENCED RIGHT-OF-WAY OF COUNTY ROADS
LEAVING A NET CALCULATED AREA OF 7,889,719 SQUARE FEET OR
181.123 ACRE OF LAND.