2004-160Omr ANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVDING FOR A ZONING
CHANGE FROM EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING DISTRICT TO TIlE
EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR APPROXIMATELY 1.8 ACRES OF LAND LOCATED ON THE
EAST SIDE OF MAYHILL ROAD, ON THE SOUTH SIDE OF UNIVERSITY DRIVE, AND
APPROXIMATELY 1,500 FEET NORTH OF BLAGG ROAD IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVEKABILITY CLAUSE AND AN
EFFECTIVE DATE.
(Z04-0015)
WHEREAS, Kimley-Hom & Associates, Inc. has applied for a change in zoning for
approximately 1.8 acres of land located on the east side of Mayhill Road, on the south side of
University Drive, and approximately 1,500 feet north of Blagg Road as more particularly described
in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from
Employment Center Industrial (EC-I) zoning district to the Employment Center Commercial (EC-C)
zoning district classification and use designation; and
WHEREAS, on April 28, 2004, 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 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as if fully set forth herein.
.SECTION 2. The zoning district classification and use designation of the Propertyis hereby
changed from Employment Center Industrial (EC-I) zoning district to the 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.
PASSED AND APPROVED this the /?~Pdayof ~/~/~/A~.~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
Page 2
EXHIBIT A
BEING a tract of land situated in the M. Forrest Survey Abstract 417, being a portion of a tract of land
deeded to Key Roberts Partners LTD. as described in a Special Warranty Deed, as recorded in, Volume
4496, Page 3244 Deed Records Denton County Texas (DRDCT), being more particularly described as
follows: (basis of bearing being the south ROW line of U.S. Highway 380 as described in Easement,
recorded in County Clerk No. 96-R0016429.):
BEGINNING at a brass TXDOT Monument at the southern point of a comer clip at the southeast comer of
the intersection of U.S. Highway 380 (a variable width right of way) and Mayhill Road (undefined right of
way);
THENCE N 42°10'19'' E, along said comer clip, a distance of 109.29 feet to a 5/8" capped iron rod (BHB
INC.) set in the south right of way line of U.S. Highway 380;
THENCE N 80043'55'' E, along the south right of way line of said U.S. Highway 380, a distance of 232.27
feet to a set 5/8" capped iron rod (BHB 1NC.);
THENCE S 09016'07" E, departing said right of way, a distance of 243.98 feet to a set 5/8" capped iron rod
(BHB INC.);
THENCE S 80043'55'' W, a distance of 357.05 feet to a set 5/8" capped iron rod (BHB INC.) in the east line
of the aforesaid Mayhill Road;
THENCE N 03°20'07" E, along the east line of Mayhill Road, a distance of 180.19 feet to the POINT OF
BEGINNING containing 1.792 acres or 78,065 square feet of land more or less.