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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.