2005-144
S,IOUR DOCUMENTSIPLANNING & ZONINGIOrd;nanœs-Re;olut;onsI2005\SDO5-000 I.doc
ORDINANCE NO. ~ !J1J5- //;.J
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CREATING AN OVERLAY DISTRICT
AND APPROVING A SPECIAL SIGN DISTRICT PLAN ON AN APPROXIMATE 94.2 ACRES
OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF METRO ROAD AND
INTERSTATE 35 WEST FRONT AGE ROAD AND LEGALLY 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, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE
DATE. (SD05-0001)
WHEREAS, Granite Properties, Inc. has applied for adoption of a Special Sign District
which is on fiJe in the City's Planning Department, a copy of which is attached hereto and made a
part hereof as Exhibit "A" (the Special Sign District) on approximately 94.2 acres of land
particularly described in Exhibit "B" attached hereto and made a part hereof as Exhibit "B" (the
"Property") in an Industria] Center Employment (IC-E) zoning district, such real property legally
described as Tracts 42, 43, and 48 of the O. Brewster Survey and Tract 4 of the T. Daugherty Survey;
and
WHEREAS, on April 27, 2005, the Planning and Zoning Commission, after a public hearing,
recommended approval of the Special Sign District; and
WHEREAS, the City Council finds that the Special Sign District is in compliance with the
Subchapter 15 of the Development Code of the Code of Ordinances of the City of Denton, and is
consistent with the Denton Plan; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The Special Sign District is hereby approved on the Property.
SECTION 2. This ordinance shall supercede all requirements of the Sign Ordinance
affecting the Property that are in conflict with or addressed by the Special Sign District Plan and the
Special Sign District Regulations established by this ordinance. All other provisions of the Sign
Ordinance shall remain in full force and effect against the Property.
SECTION 3. 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 4. 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, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the~;/iJday of L/ll~
ë~!hoeL
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
~~\~ \Ä,,~1u' ~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
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EXHIBIT B
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, 11236 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 57"00'48"W, 62.00 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED
"WIER & ASSOC. INC." ;
S 00'22'58"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 00'26'33"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 39'32'24" 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 1,394.00 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.