2002-413AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM PLANNED DEVELOPMENT 191 (PD-191) AND AN EMPLOYMENT
CENTER GENERAL (EC-G) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO EMPLOYMENT CENTER COMMERCIAL (EC-C) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.2 ACRES OF LAND
IN THE W. LLOYD SURVEY ABSTRACT 774 AND GENERALLY LOCATED ON THE
SOUTH SIDE OF UNIVERSITY DRIVE APPROXIMATELY 1000 FEET EAST OF LOOP 288
IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0051).
WHEREAS, Karen Mitchell on behalf of Henry Rife has applied for a change in zoning for
approximately 5.2 acres of land being a portion of a tract in the W. Lloyd Survey Abstract 774, as
more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the
"Property") from Planned Development 191 (PD 191) and an Employment Center General (EC-G)
zoning district classification and use designation to an Employment Center Commercial (EC-CD)
zoning district classification and use designation; and
WHEREAS, on November 13, 2002, 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 ORDA1NS:
SECTION 1. The zoning district classification and use designation of the Propertyis hereby
changed from Planned Development 191 (PD 191) and an Employment Center General. (EC-G)
zoning district classification and use designation to an Employment Center Commercial (EC-CD)
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 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 5. This ordinance shall become effective fourteen (14) days from the date of its
PAGE 1
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/~'~h~ day of
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
PAGE 2
Exhibit A
Surveyors & Engineers
of North Texas
GREG EDWARDS, P.E. WILLIAM COLEMAN, R.P.L.S.
1621 Amanda Court Ponder, Texas 76259
Ph: (940} 482-2906 FAX: (940) 482-0009 Toll-free: (877) 481-SENT
www.sentcorp.corn
PROPOSED EC-C ZONING
5.2 ACRES
FIELD NOTES to all that certain tract of land situated in the W. Lloyd Survey Abstract Number 774, City of Denton,
Denton County, Texas and being a part of the called 64.073 acre tract described in the deed from Leslie T. Holland'et ux
to Junction 288 Partners recorded in Volume 647, Page 152 of the Deed Records of Denton County, Texas and part of
the called 5.012 acre tract described in the deed from Willis P. Carlton to Henry Rife recorded in Volume 5131, Page 2474
of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows:
BEGINNING for the Northeast corner of the tract being described herein at a wood fence corner post on the South right-
of-way of U. S. Highway 380 at the Northeast corner of the 5.012 acre tract and the Northwest corner of the called 2.958
acre tract described in the deed from Warren Jones to Gerald L. Simmons recorded in Volume 783, Page 197 of the said
Deed Records;
THENCE South 00 Degrees 00 Minutes 00 Seconds East generally along a fence with the East line of the 5.012 acre tract
a distance of 654.5 feet;
THENCE North 73 Degrees 26 Minutes 38 Seconds West across the 5.012 acre tract a distance of 214 feet to the West
line thereof and the East line of the 64.073 acre tract;
THENCE Across the 64.073 acre tract the following four calls:
1. North 49 Degrees 08 Minutes 55 Seconds West a distance of 185 feet;
2. North 27 Degrees 00 Minutes 35 Seconds West a distance of 122 feet;
3. North 19 Degrees 03 Minutes 05 Seconds West a distance of 139 feet;
4. North 17 Degrees 06 Minutes 22 Seconds West a distance of 138 feet to the South right-of-way of U.S. Highway
380;
THENCE North 68 Degrees 55 Minutes 50 Seconds East with the South right-of-way of U.S. Highway 380 a distance of
107.41 feet to a concrete right-of-way monument at an angle point therein;
THENCE North 80 Degrees 52 Minutes 52 Seconds East continuing with the South right-of-way of U.S, Highway 380 a
distance of 183.49 feet to at a 1/2 inch iron rod found at the Northwest corner of the said 5.012 acre tract and the
Northerly Northeast corner of the called 64.073 acre tract;
THENCE North 80 Degrees 50 Minutes 03 Seconds East continuing with the South right-of-way of U. S.
Highway 380 and the North line of the 5.012 acre tract a distance of 207.53 feet to a the PLACE OF BEGINNING
and enclosing 5.2 acres of land more or less.
Z:\Sent Records\800-900\814\SURVEY~RAFTINGXZoning Change 10-13-02 5 ac.doc