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Home My WebLink About1992-203E \updocs\ord\fsbzon o *AMENDED BY 96-221 ORDINANCE NO. 10/ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL "A" TO GENERAL RETAIL -CONDITIONED (GR-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 10 087 ACRES OF LAND LOCATED ON THE NORTH-NORTHWEST SIDE OF MAYHILL ROAD, WEST OF AND ADJACENT TO THE M K & T RAILROAD TRACKS; PROVIDING FOR A PEN- ALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Denton Realty Advisors, Inc. has applied for a change in zoning for 10.087 acres of land from Agricultural "A" to General Retail -Conditioned (GR-C) zoning district classification and use designation; and WHEREAS, on October 28, 1992, the Planning and Zoning Commission recommended approval of the requested change in zoning, 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 10.087 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from Agricultural "A" to General Retail -Conditioned (GR-C) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the Site Plan for the district in accordance with Article III of Chapter 35 of the Code of Ordinances. SECTION III. That the district shall be subject to the following conditions: 1. An 85 feet setback from the future right-of-way of Loop 288 as shown on the site plan, 2. The use of Lot 1, Block A is limited to a 449 feet communication tower and an accessory building not exceeding 400 square feet, 3. Lot 1, Block B is designated as undevelopable in its present configuration, 4. Frequencies to be used on the Communication Tower are subject to the approval of the Federal Communications Commission. SECTION IV That the City Is official zoning map is amended to show the change in zoning district classification. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 4eday of Owme ecr ., 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. 1 W d APPROV AS '�'TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. PAGE 2 EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE DANIEL LOMBARD SURVEY ABSTRACT 784, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A (CALLED) 10.087 ACRE TRACT AS DECRIBED IN A DEED FROM BOB CARAWAY TO AUBREY PRODUCTS, INC AND BOB CARAWAY, ON THE 15TH DAY OF JULY, 1985, RECORDED IN VOLUME 1709, PAGE 526, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE NORTH RIGHT OF WAY OF MAYHILL ROAD AND THE WEST RIGHT OF WAY OF THE M.K. & T. RAILROAD; THENCE SOUTH 60 DEGREES 18 MINUTES 03 SECONDS WEST WITH THE NORTH LINE OF MAYHILL ROAD A DISTANCE OF 9 89 FEET TO AN IRON PIN; THENCE SOUTH 89 DEGREES 45 MINUTES 00 SECONDS WEST WITH THE SOUTYH LINE OF SAID 10.87 ACRE TRACT A DISTANCE OF 624.61 FEET TO AN IRON PIN AT THE SOUTHWEST CORNER OF SAID 10.087 ACRE TRACT, THENCE NORTH 00 DEGREES 16 MINUTES 00 SECONDS WEST A DISTANCE OF 1098.84 FEET TO AN IRON PIN AT THE NORTH CORNER OF SAID 10.087 ACRE TRACT ON THE WEST RIGHT OF WAY OF THE M.K. & T. RAILROAD, THENCE WITH THE WEST RIGHT OF WAY OF SAID RAILROAD RIGHT OF WAY AROUND A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35 DEGREES 09 MINUTES 29 SECONDS, A RADIUS OF 1873.08 FEET, A CHORD OF SOUTH 32 DEGREES 13 MINUTES 21 SECONDS EAST 1131.42 FEET, AN ARC LENGTH OF 1149.37 FEET TO AN IRON PIN, THENCE SOUTH 14 DEGREES 38 MINUTES 37 SECONDS EAST WITH SAID RAILROAD RIGHT OF WAY A DISTANCE OF 138.54 FEET TO THE POINT OF BEGINNING CONTAINING IN ALL 10.0869 ACRES OF LAND. ZONED A 20 SANITARY SEWER EASEMENT \ _ _ — _ — SANITARY � VOL 1899r PG 280r R P R Zj fYY SSEW�R— \ �I APPROX ZONE A FIRM 480194 0020 p }� v EXHIBIT B C� `V, ,\ �- nNOREW CO4v„aq' ea • ARY SfWE�/ 0 AwN ' A ZONED ,A }0 v 1d Q CD I Q)PC \ m ca v ; n H \ (0(� z m 4.70 t� \ h cr-x %rOP?\\ D V I LLJ 38 15 3 m � 1 38 q ao u S 60.18' 4 4� \ 98 R Co.SU VEY ` 8 '7 0 W� 4 \ 10 950 r we, ft. l lOPMEN 4 q � \ J \WPDOCS\ORD\Z-96-031 ORDINANCE NO ALD "Aa I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 92-203, SECTION III, CONDITION 2 TO ALLOW FOR ACCESSORY BUILDINGS AND INCREASE THE 400 SQUARE FOOT MAXIMUM ALLOWED FOR ACCESSORY BUILDINGS TO 1,000 SQUARE FEET, FOR 10 09 ACRES LOCATED ON THE NORTHEAST CORNER OF STATE SCHOOL ROAD AND COLORADO BOULEVARD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Hennessey Engineering, on behalf of Denton Tower Inc , initiated an amendment to Ordinance 92-203 to allow for accessory buildings and increase the 400 square foot maximum allowed for accessory buildings to 1,000 square feet, on 10 09 acres located on the northeast corner of State School Road and Colorado Boulevard, and WHEREAS, on September 11, 1996, the Planning and Zoning Com- mission recommended approval of such an amendment to Ordinance 92- 203, and WHEREAS, the City Council finds that this amendment to Ordi- nance 92-203 will be in compliance with the Denton Development Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS nSECTION I That Ordinance 92-203, Section III, is amended with respect to the following particulars, all provisions not herein amended shall remain in full force and effect Condition 2 The use of Lot 1, Block A, is limited to a 449 foot communication tower and unoccupied (non- residential) accessory building(s) housing equipment for the tower not exceeding 1,000 square feet SECTION ii That a copy of this ordinance shall be attached to all copies of Ordinance 92-203, showing the changes herein made SECTION III That the City's official zoning map is amended to show the change in zoning district classification SECTION IV 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 V. 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 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 1 ,. day of 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY BY �10 AP D AS TO LEGAL FORM; HE ERT L PROUTY, CITY ApRNEY n PAGE 2 W-Ru%MILLER, MAYOR ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE DANIEL LOMBARD SURVEY ABSTRACT 784, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING PART OF A (CALLED) 10.087 ACRE TRACT AS DECRIBED IN_A DEED FROM BOB CARAWAY TO AUBREY PRODUCTS, INC AND BOB CARAWAY, ON THE 15TH DAY OF JULY, 1985, RECORDED IN VOLUME 1709, PAGE 526, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE NORTH RIGHT OF WAY OF MAYHILL ROAD AND THE WEST RIGHT OF WAY OF THE M.K. & T RAILROAD; THENCE SOUTH 60 DEGREES 18 MINUTES 03 SECONDS WEST WITH THE NORTH LINE OF MAYHILL ROAD A DISTANCE OF 9.89 FEET TO AN IRON PIN, THENCE SOUTH 89 DEGREES 45 MINUTES 00 SECONDS WEST WITH THE SOUTYH LINE OF SAID 10.87 ACRE TRACT A DISTANCE OF 624.61 FEET TO AN IRON PIN AT THE SOUTHWEST CORNER OF SAID 10.087 ACRE TRACT; THENCE NORTH 00 DEGREES 16 MINUTES 00 SECONDS WEST A DISTANCE OF 1098.84 FEET TO AN IRON PIN AT THE NORTH CORNER OF SAID 10.087 ACRE TRACT ON THE WEST RIGHT OF WAY OF THE M.K. & T. RAILROAD; THENCE WITH THE WEST RIGHT OF WAY OF SAID RAILROAD RIGHT �OF WAY AROUND A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35 DEGREES 09 MINUTES 29 SECONDS, A RADIUS OF 1873.08 FEET, A CHORD OF SOUTH 32 DEGREES 13 MINUTES 21 SECONDS EAST 1131.42 FEET, AN ARC LENGTH OF 1149.37 FEET TO AN IRON PIN; THENCE SOUTH 14 DEGREES 38 MINUTES 37 SECONDS EAST WITH SAID RAILROAD RIGHT OF WAY A DISTANCE OF 138.54 FEET TO THE POINT OF BEGINNING CONTAINING IN ALL 10.0869 ACRES OF LAND.