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Home My WebLink About1995-104wal-m rt.ord ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT NO. 70 (PD-70) AND AGRICULTURAL (A) ZONING CLASSIFICATIONS AND USE DESIGNATIONS TO COMMERCIAL -CONDITIONED (C(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 38.429 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF THE INTER- SECTION OF LOOP 288 AND SPENCER ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Norman Brinker, on behalf of Wal-Mart Stores, Inc., has applied for a change in zoning for 38.429 acres of land from Planned Development No. 70 (PD-70) and Agricultural (A) zoning district classifications and use designations to a Commercial - conditioned (C(c)) zoning district classification and use designa- tion; and WHEREAS, on May 24, 1995, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, Wal-Mart Stores, Inc., has given its written consent to each of the conditions imposed by this rezoning as set forth in Exhibit B, attached hereto and incorporated by reference herein, as evidenced by the letter dated May 30, 1995, attached hereto as Exhibit C; 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 38.429 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by reference, is changed from its Planned Development No. 70 (PD-70) and Agricul- tural (A) zoning district classifications and use designations to a Commercial -conditioned (C(c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, with additional conditions imposed as set forth in Exhibit B, attached hereto and incorporated by reference herein. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. 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 this ordinance shall become effective four- teen (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 paper of the City of Denton, date of its passage. PASSED AND APPROVED this Record -Chronicle, the official Texas, within ten (10) days the &day of ( I_4L_0 UIT BOB CASTLEBERRY, ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: IlUe 7'tdL�4�4 -4-.1 APP ED A TO LEGAL FORM: MICHAEL A. BUCEK, ACTING CITY ATTORNEY . news - of the 1995. PAGE 2 PROPOSED ZONING LEGAL DESCRIPTION "C(c)" COMIERCIAL CONDITIONED 38 429 ACRES BED G all that certain lot, tract or parcel of land situated in the J W Cheek Survey, Abstract No 324, Denton County, Texas, and being a part of that same 65 63-acre tract of land conveyed to Olen L Spencer by the Veteran's Land Board of Texas as recorded in Volume 382, Page 204 of the Deed Records of Denton County, Texas and being more particularly described as follows BEGDv TNG at an iron rod at the intersection of the southeast line of SH 288 with the west line of the J W Cheek Survey, THENCE N 60° 14'05" E a distance of 29 88 feet with the southeast line of SH 288 to the beginning of a curve to the left, having a central angle of 4021', a radius of 2,939 16 feet, THENCE around said curve to the left and with the southeast line of SH 288 a distance of__3 29 feet to a point for corner, THENCE N 49'55'36" E a distance of 204 09 feet with the southeast line of SH 288 to beginning of a curve to the left, having a central angle of 10059'32", a radius f 2,924 76 feet, THENCE around said curve to the left and with the southeast line of SH 288 a distance or 461 1 _ feet to an iron rod for comer; said point being the southwest corner of the Brinker I D.0 , J V tract as recorded in Volume 3389. Page 348 of the Deed Records of Denton County, Texas, and being the beginning of a curve to the left having a central angle of 5'29', a radius of 2,924 76 feet, THENCE around said curve to the left and with the southeast line of SH 288 a distance of 2'9 96 feet to a point for corner, said point being the southeast line of Spencer Road. THENCE N 72' 1 T E a distance of 80 64 feet with the southeast line of Spencer Road to a poin. for corner, said point being a right -a -way post on the south boundary line of Spencer Road, THENCE N 17'33' E a distance of 43 49 feet to a steel pin in Spencer Road for corner, THENCE S 70' 29' E a distance of 119 36 feet to a point for corner in asphalt, THENCE S 00' 26' E a distance of 245 25 feet to a point for corner, said point being the northeast corner of Brinker tract as recorded in 93-R0022415 of the Deed Records of Denton County, Texas, THENCE S 00' 26'19" E a distance of 1,620.48 feet with the east line of the Brinker tract to a point for comer, THENCE S 89`33'41 ' W a distance of 1,160 41 feet to a point for corner, said point being the east line of the Kamouniars tract as recorded in', o ume 3405, page 3G of the Dee:: Records of Denton County, Texas. THENCE N 00-28'21" W a distance of 979 11 feet to tie POINT OF BEG[';--'4TNG ar.d containing approximately 38 429 acres ,f land CONDITIONS AND RESTRICTIONS FOR "C(c)" COMMERCIAL CONDITIONED DISTRICT REQUEST BY WAL-MART STORES, INC. PROHIBITED USES: The following uses, otherwise permitted in this district, or otherwise permitted with approved specific use permit, shall be prohibited in this conditioned district: 1. Primary Residential Uses (a) Community Unit Development (b) Trailer Camp or Mobile Home Park 2. Educational, Institutional and Special Uses (a) Cemetary or Mausoleum (b) Halfway House 3. Utility, Accessory, and Incidental Uses (a) Home Occupation (b) Radio and Television or Microwave Tower 4. Recreational and Entertainment Uses (a) Dance Hall or Night Club (b) Drag Strip (c) Fairground (d) Go Cart Track (e) Rodeo Grounds (f) Sexually Oriented Business (g) Stable, Private Club (h) Stable, Commercial Rental (i) Stable, Boarding (j) Theater, Drive-in 5. Automobile Service Uses (a) New or Used Car Sales Lot (in open) 6. Acrricultural Tv -De Uses (a) Animal Pound (public or private) (b) Animal Clinic, Animal Hospital or Kennel with outside Runs or Pens (c) Hatchery, Poultry 7. Commercial Type Uses (a) Flea Market (outdoor) (b) Storage of furniture or appliances outside a building 8. Natural Resource Storage or Extraction (a) Extraction and Storage of Sand, Caliche, Stone, Clay, or Gravel (except for site improvements.) Post -It" brand tax transmittal memo 767110 oft P099e+' To Co. . DUNAWAY ASSOCIATES, INC. Co. Phone N er+clNeeeDAI No.R9410500 nti Dept. _.� _ Faze May 30, 1995 Mr. Frank Robbins, AICP Executive Director Planning City of Denton 215 E. McKinney Denton, Texas 76201 Re: Proposed "C(c)" Zoning Request Dear Mr. Robbins: Wal-Mart Stores, Inc. has held discussions with Miss Dorothy Myers concerning her ' dated May 18, 1995 to the City of Denton Planning and Development Department. As a result of those discuscussions, Wal-Mart has agreed to restrict three more uses. Additional restricted uses include: 1. Used car lots sales which do not maintain an enclosed showroom. 2. Dance hall and night club when the primary business is sales of alcohol and dancing. This does not include eating establishments which have incidental bar or dancing activities. 2. Auto salvage yards with outdoor storage of junk vehicles. Some or the uses Miss Myers wanted restricted were already restricted by Wal-Mart, they are: pawn shop, sexually - oriented business, drag strip, and go-cart track. Wal-Mart and Mr. Brinker desire to maintain the following permitted uses: I, Tire retreading or capping. 2. Both on- and off -premise sale of beer and/or wine. 3. Licchsed private club which does not conflict with the restricted Used of dance hall and night club. Enclosed is a revised restriction list that would amend our original zoning change request. I have noted the amendment and date in the title for clarification of the current list. Should you have any questions, please call, Sincerely, DUNAWAY A SOCI TES, C. � rol't Thomas S. Galbreath, A,S.L,A. Vice President Mvcc $:\Wly,wM\9410500\C\0530951.1.TS6 xc. John Ctuks, Wal-Mart Simi, Inc. Nomun nrinkcr,'A Ralph lawnhurgh 14 „ter.,,,, ,,,. c c^�Tv • c�,T'V'n —� Trv'ac^a�ror,w•) • 15-1121 • Al£7R0(817)4292115 0 FAX (817)3357437