HomeMy WebLinkAbout1997-279ORDINANCE NO 9I-A79
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
TO THE LIGHT INDUSTRIAL (LI) AND HEAVY INDUSTRIAL CONDITIONED (HI[C])
ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR 29 416 ACRES
LOCATED ON THE WEST SIDE OF INTERSTATE 35 WEST, SOUTH OF AIRPORT ROAD
AND NORTH OF METRO STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Mr Craig Scott, on behalf of Lattimore Materials, initiated a change in zoning
from the Agricultural (A) zoning district classification and use designation to the Light Industrial
zoning district classification and use designation for a 17 732 acre tract (known as Tract One) and
to the Heavy Industrial conditioned (HI[c]) zoning district classification and use designation for a
11 684 acre tract (known as Tract Two), and
WHEREAS, on August 27, 1997, the Planning and Zoning Comimssion recommended
approval of the change from the Agricultural (A) zoning district and use classification to the Light
Industrial (LI) zoning district and use classification for Tract One, and
WHEREAS, on August 27, 1997, the Planning and Zoning Commission recommended
approval of the change from the Agricultural (A) zoning district and use classification to the Heavy
Industrial conditioned (HI[c]) zoning district and use classification for Tract Two, and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
Denton Development Plan, NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the zoning district classification and use designation of the 17 732
acres of land (Tract One) and the 11 684 acres of land (Tract Two) described in Exhibits A and B,
respectively, which are attached hereto and incorporated herein by reference, are changed from the
Agricultural (A) zoning district classification and use designation for the property described in Exhibit
A to the Light Industrial (LI) zoning district classification and use designation and the Heavy
Industrial conditioned (HI[c]) zoning district classification and use designation for the property
described in Exhibit B under the comprehensive zoning ordinance of the City of Denton, Texas
SECTION II Tract Two (11 684 acres described in Exhibit B) shall be subject to the
following conditions
No structure shall be taller than five (5) stones
No materials may be stored within one thousand (1,000) feet of the
I-35W service road
All exterior lighting must be installed to avoid the direct illumination of adjacent
properties
Only one ground sign, displayed on the entranceway fence is permitted with a
maximum height of eight (8) feet and a maximum effective area of one hundred (100)
square feet
The perimeter of the batch plant site, excluding the land to be used for the access
drive, shall be enclosed with an eight (8) foot high fence, with a single row of tree
plantings along the property line with an expected height of 40 feet or more
SECTION III Tract One and Tract Two shall be subject to the following conditions
The concrete batch plant improvements existing at 987 and 1100 Willow Springs in
the City of Denton will be removed by September 24, 1998
No billboards will be installed or maintained on either Tract One or Tract Two
SECTION IV That the City's official zoning map is hereby amended to show the changes
in zoning district classifications
SF,,(,TION V 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
SACTION That tins ordinance shall become effective fourteen (14) days from the date
of its pas age, 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 day of c SO/J�ohf�h�i'
1997
�J4LE MAYOR
ATTEST,
JENNIIZER WALTERS, CITY SECRETARY
BY?nMIZA&�—
PAGE
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PAGE 3
EXHIBIT A
Tract One
ALL THAT CERTAIN TRACT OR PACEL OF LAND LYING AND BEING SITUATED
IN THE O S BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND
DESCRIBED IN A DEED FROMMILTON W ABBEY AND WIFE, VELMA ABBEY,
TO J W JAGOE, Jr, DATED THE 20th DAY OF JANUARY, 1965, RECORDED IN
VOLUME 518, PAGE 306, DEED RECORDS, DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT A SET 1/2 INCH IRON ROD AT THE SOUTHEAST CORNER OF
LOT 1, BLOCK 1, JUPITER INDUSTRIAL PARK, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET C, PAGE 11, PLAT RECORDS, DENTON COUNTY,
TEXAS, ON THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, ON THE
SOUTHERNMOST NORTH LINE OF SAID JAGOE TRACT,
THENCE SOUTH 19 DEGREES 48 MINUTES 58 SECONDS WEST WITH THE WEST
RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, A DISTANCE OF 64 51 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT,
THENCE SOUTH 19 DEGREES 48 MINUTES 58 SECONDS WEST WITH THE WEST
RIGHT,OF-WAY OF INTERSTATE HIGHWAY 35, A DISTANCE OF 548 54 FEET TO
A FOUND X IN CONCRETE ON THE SOUTH LINE OF SAID JAGOE TRACT, AT
THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO
TEXAS' INDUSTRIES INC, RECORDED UNDER COUNTY CLERK'S FILE No 93-
R0067204, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH 88 DEGREES 16 MINUTES 00 SECONDS WEST, WITH THE
SOUTH LINE OF SAID JAGOE TRACT, A DISTANCE OF 1422 31 FEET TO A
FENCE CORNER POST, SAID CORNER BEING THE SOUTHWEST CORNER OF
SAID JAGOE TRACT, ALSO BEING THE SOUTHEAST CORNER OF A TRACT OF
LAND (DESCRIBED IN A DEED TO RAYZOR INVESTMENTS LTD, RECORDED IN
VOLUME 1796, PAGE 601, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS,
THENCE NORTH 00 DGREES 18 MINUTES 49 SECONDS EAST WITH THE EAST
LINE OF SAID RAYZOR TRACT AND THE WEST LINE OF SAID JAGOE TRACT, A
DISTANCE OF 510 52 FEET TO A CORNER ON THE WEST LINE OF SAID JAGOE
TRACT, ALSO BEING ON THE EAST LINE OF SAID RAYZOR TRACT,
THENCE NORTH 88 DEGREES 16 MINUTES 00 SECONDS EAST, A DISTANCE OF
1605 56 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 17 732
ACRES OF LAND
EXHIBIT B
Tract Two
ALL THAT CERTAIN TRACT OR PACEL OF LAND LYING AND BEING SITUATED
IN THE 0 S BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND
DESCRIBED IN A DEED FROMMILTON W ABBEY AD WIFE VELMA ABBEY, TO
J W JAGOE, Jr, DATED THE 20th DAY OF JANUARY, 1965, RECORDED IN
VOLUME 518, PAGE 306, DEED RECORDS, DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A SET % INCH IRON ROD AT THE SOUTHEAST CORNER OF LOT
1, BLOCK 1, JUPITER INDUSTRIAL PARK, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET C, PAGE 11, PLAT RECORDS, DENTON COUNTY,
TEXAS, ON THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, ON THE
SOUTHERNMOST NORTH LINE OF SAID JAGOE TRACT,
THENCE SOUTH 19 DEGREES 48 MINUTES 58 SECONDS WEST WITH THE WEST
RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, A DISTANCE OF 64 51 FEET TO
A CORNER,
THENCE SOUTH 88 DEGREES 16 MINUTES 00 SECONDS WEST, A DISTANCE OF
1605 56 FEET TO A CORNER SAID CORNER BEING ON THE WEST LINE OF SAID
JAGOE TRACT, ALSO BEING ON THE EAST LINE OF A TRACT OF LAND
DESCRIBED IN A DEED TO RAYZOR INVESTMENTS TLD , RECORDED IN
VOLUME 1796, PAGE 601, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS,
THENCE NORTH 00 DGREES 18 MINUTES 49 SECONDS EAST WITH THE EAST
LINE OF SAID RAYZOR TRACT AND THE WEST LINE OF SAID JAGOE TRACT. A
DISTANCE OF 727 71 FEET TO A FOUND % INCH IRON ROD AT THE
NORTHWEST CORNER OF SAID JAGOE TRACT, ALSO BEING THE SOUTHWEST
CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO FRANK J MILES,
RECORDED UNDER COUNTY CLERK'S FILE No 96-R0082553, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 89 DEGREES 34 MINUTES 52 SECONDS EAST WITH THE
NORTH LINE OF SAID JAGOE TRACT AND THE SOUTH LINE OF SAID MILES
TRACT, A DISTANCE OF 62178 FEET TO A FOUND 'A INCH IRON ROD AT THE
NORTHERNMOST NORTHEAST CORNER OF SAID JAGOE TRACT, SAID IRON
ROD BEING THE NORTHWEST CORNER OF LOT BLOCK ONE, OF THE REPLAT
OF INTERSTATE HIGHWAY 35W ADDITION AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET C, PAGE 11 I, PLAT RECORDS, DENTON COUNTY,
TEXAS,
THENCE SOUTH 00 DEGREES 02 MINUTES 17 SECONDS EAST WITH THE WEST
LINE OF SAID REPLAT OF INTERSTATE HIGHWAY 35W ADDITION, PASSING AT
320 27 FEET THE SOUTHWEST CORNER OF SAID REPLAT OF INTERSTATE
HIGHWAY 35W ADDITION, SAID CORNER ALSO BEING THE NORTHWEST
CORNER OF SAID JUPITER INDUSTRIAL PARK, CONTINUING A TOTAL
DISTANCE OF 653 27 FEET TO A FOUND'h INCH IRON ROD AT THE
SOUTHWEST CORNER OF SAID JUPITER INDUSTRIAL. PARK, ON THE
SOUTHERNMOST NORTH LINE OF SAID JAGOE TRACT,
THENCE NORTH 88 DEGREES 16 MINUTES 00 SECONDS EAST WITH THE SOUTH
LINE OF SAID JUPITER INDUSTRIAL PARK, A DISTANCE OF 1000 96 FEET TO
THE POINT OF BEGINNING AND CONTAINING IN ALL 11 684 ACRES OF LAND