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2004-350Om mANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE AND USE DESIGNATION CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 ('NR-4) TO EMPLOYMENT CENTER INDUSTRIAL (EC-I) FOR APPROXIMATELY 4.38 ACRES OF LAND LOCATED ADJACENT TO THE WEST SIDE OF WOODROW LANE APPROXIMATELY 300' NORTH OF MORSE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0043) WHEREAS, GEES Inc, on behalf of Bill Colville, has applied for a change in zoning and use designation for approximately 4.38 acres of land which is more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto made a part hereof by reference (the "Property") from Neighborhood Residential 4 (NR-4) to Employment Center Industrial (EC-I); and WHEREAS, on September 22, 2004, after concluding a public hearing as required by law, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, on November 2, 2004 the City Council conducted a public heating as required by law; and WHEREAS, the City Council finds that the change in zoning 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. SECTION 2. The zohing district classification and use designation for the Property is hereby changed from Neighborhood Residential (NR-4) to Employment Center Industrial (EC-I). Notwithstanding the description of the Property in Exhibit "A", the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. 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. Page 1 of 4 SECTION 6. This ordinance shall become effective fourteen (14) days fi.om 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 ~ ~ day of (~/~/0~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B q2x APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 4 Exhibit A Field Notes: 4.38 Acres All that certain tract or parcel of land lying and being situated in the J. Brock Survey, Abstract Number 55 and the W. Teague Survey Abstract Number1266 in the City of Denton, Denton County, Texas and being part of the Lot 2, Block A of the Woodrow Addition, Denton County, Texas. Accord'rog to the Plat thereof recorded in Cabinet U, Page 198 of the Plat Records of Denton County, Texas. COMMENCING at the Southwest comer of said Lot 2, Block A, and being located along the north line of Morse Street; Thence North 00 Degree 21 Minutes 21 Seconds West, a distance of 105.64 feet to a point for a corner; Thence North 89 Degree 18 Minutes 09 Seconds East, a distance of 49.42 feet to a point for the POINT OF BEGINNING of the herein described tract; Thence North 00 Degree 03 Minutes 55 Seconds West, a distance of 65.83 feet to a point for a comer; Thence the next following 11 calls along the north line of said Lot 2, Block A and the south line of Lot 3, Block A, of said Woodrow Addition. 1. North 2. North 3. North 4. North 5. North 6. North 7. South 8. North 9. North 24 Degrees 45 Minutes 48 Seconds East 29 Degrees 55 Minutes 28 Seconds East 57 Degrees 24 Minutes 01 Seconds East 77 Degrees 16 Minutes 02 Seconds East 73 Degrees 21 Minutes 26 Seconds East 78 Degrees 08 Minutes 33 Seconds East 88 Degrees 24 Minutes 42 Seconds East 68 Degrees 10 Minutes 13 Seconds East 77 Degrees 05 Minutes 43 Seconds East a distance of 96.94 a distance of 94.53 a distance of 41.30 a distance of 127.96 a distance of 75.44 a distance of 62.08 a distance of 57.89 a distance of 55.49 a distance of 87.88 10. South 88 Degrees 10 Minutes 21 Seconds East, a distance of 41.50 11. North 34 Degrees 23 Minutes 48 Seconds East, a distance of 61.24 feet; Thence South 00 Degrees 13 Minutes 35 Seconds West, a distance of 408.47 to a point for a comer on the south line of the J. Brock Survey, Abstract Number 55 and the north line of the W. Teague Survey, Abstract Number 1266; Thence West along the north line of the W. Teague Survey, Abstract Number 1266 and south line of the J. Brock Survey, Abstract Number 55 a distance of 653.05 feet more or less to the POINT OF BEGINNING and containing 4.38 acres of land. Page 3 of 4 Exhibit B The zoning change encompasses approximately 4.38 acres (a portion of Lot 2, Block A of the Woodrow Addition) from Neighborhood Residential 4 (NR-4) to Employment Center Industrial (EC-I). Page 4 of 4