HomeMy WebLinkAbout1998-391ORDINANCE NO W-911
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
PD-12 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CONDITIONED
COMMERCIAL [C(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR 33 776 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35 E, EAST OF STATE
SCHOOL RD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00
FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, J and S Wood, LP, as owner, has applied for a change in zoning for 33 776
acres of land from Planned Development (PD-12) zoning district classification and use designation
to Conditioned Commercial [C(c)] zoning district classification and use designation, and
WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended
approval of the requested change in zoning, and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
Section I That the zoning district classification and use designation of the 33 776 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from Planned Development (PD-12) zoning district classification and use designation to
Conditioned Commercial [C(c)] zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions
1 Maximum allowable building coverage for this 33 776 acres shall be 341,786 42 square feet,
which is a floor to area ration of 23 1
2 Lighting on the property shall be designed and maintained so as not to shine on, or otherwise
disturb, adjoining property or to shine and project upward to prevent the diffusion into the
night sky
3 That uses be limited to General Retail, Office and Auto Sales and Service uses
4 That the southern boundary of the auto sales and service use be buffered with landscaping of
small and large trees to mitigate noise and lighting impacts
Section II That the City's official zoning map is amended to show the change in zoning
district classification
ion That 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 IV That Planned Development 12, as amended, shall remain in full force and
effect, save and except as amended by this Ordinance
PAGE 1
Seetion VV That 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-Chromcle, 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 Z2#day of 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY 1-1
APPROVED AS TO LEGAL FORM
JACK ER, MAYOR
PAGE 2
Hev 16 98 03: 24p
872-317-9681 p 2
FIELD NOTES
Commercial Conditional
33 776 Acres
Being all that certain lot, tract or parcel of land situated to the M E P & P RR Company
Survey, Abstract Number 950 and the Gideon Walker Survey Abstract Number 1130 City of
Denton, Denton County, Texas, being part of that certain tract of land described in deed to SJ &
S Wood PS recorded in Clerk's File Number 95-ROO40952 of the Real Property Records of
Denton County, Texas, and part of that certain tract of land described as Tract One in deed to SJ
& S Wood PS recorded in Volume 3178, Page 682 of the Real Property Records of Denton
County, Texas, and being all of that certain tract of land described in deed to SJ & S Wood PS
recorded in Clerk's File Number 94-R0038612 of the Real Property Records of Denton County,
Texas, and being more particularly described as follows
BEGINNING at a capped rebar found at the southwest comer of Tract One cited above, said
point being on the east nght-of-way line of State School Road, a public roadway (100 foot
ROW),
THENCE N 02 `25'07" E, 1170 8 feet, along the east right-of-way line of State School Road and
the west line of Tract One, to a 1 /2" rebar found at the southwest comer of that certain tract of
Land described in deed to Physicians Reliance Network recorded in Clerk's File Number 95-
R040143 of the Real Property Records of Denton County, Texas,
THENCE S 87038'21" E, 381 98 feet, along the south line of said Physicians tract, to a 1/2"
rebar found at the southeast corner thereof, being on the west line of that certain tract of land
described in deed to SJ & S Wood PS recorded in Clerk's File Number 96-RO40952 of the Real
Property Records of Denton County, Texas, also known as Lot 3, McNatt Addition, Phase 2, an
addition to the City of Denton according to the plat thereof recorded in Cabinet E, Pago 244 of
the Plat Records of Denton County, Texas,
THENCE S 01055'46" W, 357 78 feet, along the northerly east line of Tract One and the west
line of said SJ & S Wood PS tract and the west line of Lot 3, to the south comer thereof and the
southwest comer of Lot 2, McNatt Addition,
THENCE S 49058'30" E, 1084 52 feet, along the north line of said Wood tract and the south line
of Lot 2, McNatt Addition to the southeast corner thereof, being on the west line of Lot 4R,
Block A, McNatt Addition, an addition to the City of Denton according to the plat thereof
recorded in Cabinet O, Page 267 of the Plat Records of Denton County, Texas
THENCE S 40001'52" W, 99 46 feet, along the west line of Lot 4R, to the southwest comer
thereof,
THENCE S 49"59'01" E, 383 93 feet, along the south line of Lot 4R, to the southeast comer
thereof, being on the west line of that certain tract of land described in deed to Oakmont
Canadian Land Partnership, Ltd, recorded in Clerk's File Number 93-R003975 of the Real
Property Records of Denton County, Texas,
THENCE S 38'30'09" W, 739 25 feet, along the west line of said Oakmont tract, to the
southwest corner thereof, being on the north line of a drainage channel according to the plat of
Wimbleton Village, Phase V, an addition to the City of Denton recorded in Cabinet B, Page 309
of the Plat Records of Denton County, Texas (plat now vacated), said point being in a curve to
the left,
THENCE Northwesterly, along the north line of said channel and with the are of said curve
having a radius of 960 00 feet, a central angle of 17"17154", whose chord bears N 67' 19'58" W.
288 74 feet, an are length of 289 84 feet, to a point of reverse curvature,
16 88 03:25p
872-317-8661 p 3
THENCE Northwesterly, continuing along the north line of said channel and with the arc of said
curve having a radius of 404 43 feet, a central angle of 56"4910111, whose chord bears N
47'37'34" W, 384 82 feet, an arc length of 401 05 feet, to a point of reverse curvature,
THENCE Northwesterly, continuing along the north line of said channel and with the arc of said
curve having a radius of 676 50 feet, a central angle of 56' 12' 17", whose chord bears N
47-19-54" W, 637 33 feet, an arc length of 663 62 feet, to the POINT OF BEGINNING and
containing approximately 33 776 acres of land