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2005-177 S.IOur DocumentsIOrdinanccsIO5\ZO5-0005.doc ORDINANCE NO, ~ () 05'- /17 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM THE EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING DISTRICT TO THE EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT FOR APPROXIMATELY 2.3 ACRES OF LAND LOCATED AT 2001 FORT WORTH DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05-0005) WHEREAS, RK Properties has applied for a change in zoning for approximately 2.3 acres of land located at 2001 Fort Worth Drive and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Employment Centers Industrial (EC-I) zoning district to Employment Centers Commercial (EC-C) zoning district classification and use designation; and WHEREAS, on May 25, 2005, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning is consistent with the Denton Comprehensive Plan 1999-2020; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, 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 changed from Employment Center Industrial (EC-I) zoning district to Employment Center Commercial (EC-C) zoning district classification and use, SECTION 3. The City's official zoning map is 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. 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. it PASSED AND APPROVED this the ~ / - day of q U/lJ ,2005, ¿~Àd( EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY\-~+- ~\ \ t , V APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY:~Nt1.-r(;-\? ~ 2 ~ ;; " . t , Exhibit A , 2001Fl Worth Drive FIElD NOTES IDan that certain tnlctolland situated In aie William Daniel Survey. AbslTect Number 378, City of Denton County, Texas and being a resurvey 01 ell 010'c8110,1.2:38 ocro troct of Iond do.crlbed In the deed to Herinan landrlp recorded In Volume 290, Page 73 of the' Deed ~cord' or Denton County, Teu. as recognized and occupied on the ground the subject tract being more partlcularl~, de~cilbad as foUowa: . ' BEGINNING for the Northeast comer elf the,tractb~lng;d~scrlbed herein at a Yo" capped Iron rod set lor corner at the Northeas1 comer of said 2.38 acre tract:" ,;" , THENCE South 23 Degree 15 Mlnute.'34sacori\¡~W';'t a dlstan~~f 239.63 faatto a V," 1I'0n rod found for corner: . ",,' '." THENCE due West a distance of 403.72 feetloiaY," c'8p~ed Iron rod setforcomer In the East line of State Highway 8377: ".' , , .; " . , ., "'. ,',,! ,.,::. -" ,'-,' THENCE North 04DegreeriT Mlnules 04 Seco'l'ids Wutwl h ttie"Eastnne of said Highway a distance 01218.211eet to ,a Vo" capped Iron aetlorcomer: .' ,;: THENCE due East a distence of 516.00 feet to the PLACE OF BEGINNING AND CONTAINING 2.30 acres of land, more or less. ' , ABBREVIATIONS: AC-"' Acres: ASPH."' AsphaIt;BLDG,",BuUdlng: BR."' Brick: CAB."' Cabinet: CONC."' Concrete; Cor."' Co'rner: DOC.- Document: F.E.MA" Federal Emergency Management Agency; FC,,", Fence Corner Post: FH" Fire Hydrant; FR.- Frame: L.- /vc langth; NO."' Number, O.e... OVØl'h8ad EJectrtc; O.T.. OVerhead Telephone; P.O.B." Point of Beginning: P.O.C,", Point of Commencement;'PO.- Page; R.-Radlus: R.P.L.8."' Registered Public land Surveyor; RES.- Residence; STY."' Story; O.T."' pverhead Teleohone; U.G.- Underground; VOL."' Volume; WM. Water Metør FLOOD STATEMENT: I have examined the f.E.MA Flood Insuranc,e Ratio Map for the City of Denton County, Toxes. . CornI'NInlty Number 410194, effective date 8.¡ 4..98 and that map indicates that pert of the property shown hereon Is In Shsdad Zone X Which Is defined as "Areas of 500.year-nood" and part of the property shown hereon Is in Zona X which Is defined as "Ar..s detennlned to be outside 01500.year-nood" as shown on Panel 00150 of the said map, CERTIFICATION: This Survey was performed In connection with the transaction described In G.F.No. 9608473DE. I herebyc:ertify that I have conductød sn accu...te on tha ground survey ofthe premises depicted hereon and described In tha legal description attached hereto,and that the findings and results of said survey are true and correct IX> the best of my knowledge and.belleland that the slze"type and location of the permanent hnprovements are as shown, and that said survey colT8ctlyshÓwS',the:loëatlon df.allalleys; .treets, rlghts~f.way, and easements of record of which the undersigned has:been.,adillsedilf/ectlng;the subJact p..mlsas according to the descriptions of record, and that axcapt as ahown.therearènq,vlsll,ìe,encroa'cl1ments, visible overlaps. visible conflicts or visible protrusions. ' " ,;!., J~&i~::~i~j;~:~K "1 J E.Tt'U\'P,'"'1 1\, \Ç;',::;'~4ë5ï",-~7;:)Z.f,. { ~;."., "".,<),;j! , ~o{'¡-D,.f':':":j~-\()o/ ""~-~J:%,éß . ---:s- F- 1 "'"'"l" ~ I J.E. THOMPSON, R.P,L.S. No. 4857