2005-143
S,\OUR DOCUMENTSIPLANNING & ZONING\Ordinanccs-R"olotion,\2005\ZO5-0004.doc
ORDINANCE NO. ~ 00'7- / j,?
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM AN INDUSTRIAL CENTER EMPLOYMENT (IC-E) ZONING DISTRICT TO
AN INDUSTRIAL CENTER GENERAL (IC-G) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR APPROXIMATELY 94.2 ACRES OF LAND GENERALLY
LOCATED AT THE SOUTHWEST CORNER OF METRO ROAD AND INTERSTATE 35 WEST
FRONTAGE ROAD, ANDLEGALLY DESCRIBED AS TRACTS 42, 43, AND 48 OF THE O.
BREWSTER SURVEY AND TRACT 4 OF THE T. DAUGHERTY SUVEY 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. (Z05-0004)
WHEREAS, Granite Properties, Inc. has applied for a change in zoning for approximately
94.2 acres ofland generally located at the southwest corner of Metro Road and Interstate 35 West
frontage road and more particularly described in Exhibit "A" attached hereto and made a part hereof
as Exhibit "A" (the "Property") from Industrial Center Employment (IC-E) zoning district to
Industrial Center General (IC-G) zoning district classification and use designation; and
WHEREAS, on April 27, 2005, 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 Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The zoning district classification and use designation of the Property is hereby
changed from Industrial Center Employment (lC-E) zoning district to Industrial Center General (IC-
G) zoning district classification and use.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. 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 4. Any person violating any provision ofthis 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 5. 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~{ay of cJl[ ~ ,2005.
c:~ ~ cL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY\'~' ~'" Ùr! ~ b j ~
\
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
BY: .Ci)Q('o ~ O~
PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
BEING A 94.168 ACRE TRACT OF LAND LOCATED IN THE O.S. BREWSTER
SURVEY, ABSTRACT No. 56, DENTON COUNTY, TEXAS, BEING A PORTION OF A
TRACT OF LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 1)
RECORDED IN VOLUME 725, PAGE 365 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, BEING ALL OF A TRACT OF LAND DESCRIBED IN A DEED TO
JAMES F. MASON (TRACT 2) RECORDED IN VOLUME 725, PAGE 375, OF THE
DEED RECORDS OF DENTON, COUNTY, TEXAS, AND BEING ALL OF A TRACT OF
LAND DESCRIBED IN A DEED TO JAMES F. MASON (TRACT 3) RECORDED IN
VOLUME 725, PAGE 370 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS;
BEGINNING AT 1/2" IRON ROD FOUND AT THE INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W (A VARIABLE WIDTH
RIGHT-OF-WAY) AND THE SOUTH RIGHT-OF-WAY LINE OF METRO
STREET (A 50 FOOT WIDE RIGHT-OF-WAY) AS SHOWN BY THE PLAT
RECORDED IN CABINET "A", SLIDE 388 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS, BEING THE NORTHEAST CORNER OF SAID
MASON TRACT 1;
THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID INTERSTATE
HIGHWAY 35W AS FOLLOWS:
S 20"16'34" W, PASSING A 1/2" IRON ROD FOUND AT 880.97 FEET BEING
THE NORTHEAST CORNER OF SAID MASON TRACT 2 AND A SOUTHEAST
CORNER OF SAID TRACT 1, CONTINUING IN ALL A DISTANCE OF 1106.20
FEET TO A TxDOT CONCRETE MONUMENT;
S 88°40'51" W, 107.75 FEET TO A TxDOT CONCRETE MONUMENT;
S 01°10'18" E, 65.51 FEET TO A 1/2" IRON SET WITH A CAP STAMPED
"WIER & ASSOC. INC." BEING THE SOUTHEAST CORNER OF SAID MASON
TRACT 2; .
S 01 °10'18" E, 112.36 FEET TO A 1/2" IRON ROD FOUND;
N 88°49'42"E, 69.90 FEET TO A 1/2" IRON ROD FOUND;
S 23°10'30"W, AT 133.53 FEET PASSING THE SOUTHEAST CORNER OF
SAID MASON TRACT 1 AND THE NORTHEAST CORNER OF SAID TRACT 3,
IN ALL A DISTANCE OF 199.84 FEET TO TxDOT CONCRETE MONUMENT AT
THE BEGINNING OF A CURVE TO THE RIGHT;
SOUTHWESTERLY, 585.62 FEET ALONG SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 5569.58 FEET, A CENTRAL ANGLE OF 6°01 '28", AND
A CHORD BEARING OF S 23°18'54"W, 585.35 FEET TO A 1/2" IRON ROD
SET WITH A CAP STAMPED "WIER & ASSOC. INC." AT THE END OF SAID
CURVE TO THE RIGHT;
S 26°19'38"W, 358.22 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED
"WIER & ASSOC. INC.";
S 30036'58"W, 200.56 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED
"WIER & ASSOC. INC.";
S 26°19'38"W, 604.02 FEET TO A BROKEN TxDOT CONCRETE MONUMENT
BEING THE SOUTHEAST CORNER OF SAID MASON TRACT 3;
THENCE ALONG THE SOUTH LINE OF SAID MASON TRACT 3 AS FOLLOWS:
S 85°26'18"W, 306.98 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED
"WIER & ASSOC. INC." ;
S 5rOO'48"W, 62.00 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED
"WIER & ASSOC. INC." ;
S 00022'58"W, 16.00 FEET TO AN "X" CUT FOUND IN A CONCRETE BRIDGE
IN CORBIN ROAD, BEING A SOUTH CORNER OF SAID MASON TRACT 3
AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A
DEED TO TERRI J. MEADOR RECORDED IN COUNTY CLERK'S DOCUMENT
NUMBER 94-0094073 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS; ,
THENCE S 89°47'44" W ALONG THE NORTH LINE OF SAID MEADOR TRACT, AND
ALONG CORBIN ROAD, AT 439.00 FEET PASSING A 5/8" IRON ROD FOUND,
IN ALL A DISTANCE OF 447.55 FEET TO A 1/2" IRON ROD SET WITH A CAP
STAMPED "WIER & ASSOC. INC.", BEING THE SOUTHWEST CORNER OF
SAID MASON TRACT 3, AND BEING THE SOUTHEAST CORNER OF A
TRACT OF LAND DESCRIBED IN A DEED TO JESSIE HAVENHILL
RECORDED IN VOLUME 2775, PAGE 293 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS;
THENCE ALONG THE WEST LINE OF SAID MASON TRACT AS FOLLOWS:
N 00026'33"E ALONG THE WEST LINE OF SAID MASON TRACT 3, AT
1094.70 FEET PASSING A 1/2" IRON ROD SET WITH A CAP STAMPED
"WIER & ASSOC. INC." BEING THE NORTHEAST CORNER OF SAID
HAVENHILL TRACT, AT 537.39 FEET PASSING A 5/8" SQUARE PIPE FOUND
FOR THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN
A DEED TO JAMES A. NORMAN RECORDED IN COUNTY CLERK'S FILE No.
98-0051483 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, IN ALL
A DISTANCE OF 1671.25 FEET TO A 1/2" IRON ROD FOUND BEING THE
NORTHWEST CORNER OF SAID MASON TRACT 3, AND BEING THE
SOUTHWEST CORNER OF SAID TRACT 1;
N 00'57'30" E ALONG THE WEST LINE OF SAID MASON TRACT 1, AT 503.67
FEET PASSING A 5/8" SQUARE PIPE FOUND FOR THE NORTHEAST
CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO T. KLEIN, JR.
AND BETTY K. NORMAN, RECORDED IN VOLUME 2775, PAGE 281 OF THE
DEED RECORDS OF DENTON COUNTY, TEXAS, IN ALL A DISTANCE OF
1326.60 FEET TO A 1/2" IRON ROD SET FOUND IN THE SOUTH RIGHT-OF-
WAY LINE OF METRO STREET, BEING THE SOUTHWEST CORNER OF A
TRACT OF LAND DESCRIBED IN A DEED TO TEXAS INDUSTRIES
RECORDED IN COUNTY CLERK'S FILE No. 94-00681370F THE DEED
RECORDS OF DENTON COUNTY, TEXAS;
THENCE N 88'33'33" E ALONG THE NORTH LINE OF SAID MASON TRACT 1, THE
SOUTH LINE OF SAID TEXAS INDUSTRIES TRACT, 293.61 FEET TO A 1/2"
IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC. INC.";
THENCE S 39032'24" E, 156.63 FEET TO A 1/2" IRON ROD SET WITH A CAP
STAMPED "WIER & ASSOC. INC.";
THENCE S 12'49'23" E, 136.65 FEET TO A POINT FOR A 1/2" IRON ROD SET WITH
A CAP STAMPED "WIER & ASSOC. INC.";
THENCE N 88'33'33" E, 490.12 FEET TO A 1/2" IRON ROD SET WITH A CAP
STAMPED "WIER & ASSOC. INC.";
THENCE N 01 '26'27" W, 257.22 FEET TO A 1/2" IRON ROD SET WITH A CAP
STAMPED "WIER & ASSOC. INC." IN THE NORTH LINE OF SAID MASON
TRACT 1;
THENCE N 88'33'33" E ALONG THE NORTH LINE OF SAID MASON TRACT 1,
291.02 FEET TO A 1/2" IRON ROD FOUND BEING THE NORTHWEST
CORNER OF LOT 1, BLOCK 1, GIGIOLOTTI, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS AS SHOWN BY THE PLAT RECORDED
IN CABINET "G", SLIDE 109 OF THE PLAT RECORDS OF DENTON COUNTY,
TEXAS;
THENCE S 01'26'27" E ALONG THE WEST LINE OF SAID LOT 1 AND A EAST LINE
OF SAID MASON TRACT 1, 39400 FEET TO A 1/2" IRON FOUND BEING THE
. .
NORTHEAST CORNER OF SAID LOT 1 AND A NORTH CORNER OF SAID
MASON TRACT 1; .
THENCE N 88°33'33" E, ALONG THE SOUTH LINE OF SAID LOT 1 AND A NORTH
LINE OF SAID MASON TRACT 1,280.00 FEET TO A 1/2" IRON ROD FOUND
BEING THE SOUTHEAST CORNER OF SAID LOT 1 AND A NORTH CORNER
OF SAID MASON TRACT 1;
THENCE N 01°26'27" W, ALONG THE EAST LINE OF SAID LOT 1 AND A WEST LINE
OF SAID MASON TRACT 1,394.00 FEET TO A 1/2" IRON ROD SET WITH A
CAP STAMPED "WIER & ASSOC. INC." BEING THE NORTHEAST CORNER
OF SAID LOT 1, BEING A NORTH CORNER OF SAID MASON TRACT 1 AND
BEING IN THE SOUTH LINE OF A SAID METRO STREET;
THENCE N 88°33'33" E ALONG THE SOUTH LINE OF SAID METRO STREET AND
THE NORTH LINE OF SAID MASON TRACT 1, 549.62 FEET TO THE PLACE
OF BEGINNING AND CONTAINING 94.168 ACRES OF LAND.