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Home My WebLink About2001-0595 Woe D000mmu�Ord�ommeA01�ZPd0.018 doe ORDINANCE NO OD �Dh 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 086 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35 EAST SERVICE ROAD AND POCKRUS PAGE ROAD, PROVIDING A ZONING PLAN ENCOMPASSING 3 086 ACRES, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (ZP-00-018) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-69 which establishes certain nonresidential interim regulations (the "Non-residential Regulations"), and WHEREAS, the Non -Residential Interim Regulations established, among other things, a zoning plan requirement in the event of a request to rezone property, and WHEREAS, Don Anderson, in behalf of Alice Pockrus, initiated a change in zoning for 3 086 acres of land from Agricultural (A) zoning district classification and use designation to Commercial (C) with conditions zoning district classification and use designation, and WHEREAS, on January 10, 2001, the Planning and Zoning Commission concluded a public hearing as required by law, after which a motion to recommend approval of the requested change in zoning was approved with conditions, and WHEREAS, the City Council finds that the Zoning Plan, with the conditions imposed herein, if any, meets the requirements of the Non-residential Interim Regulations and is consistent with the 1999-2020 Denton Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S CTION 1 The zoning district classification and use designation of the 3 089 acre property described an the legal description attached hereto and incorporated herein as Exhibit A is changed from Agricultural (A) zoning district classification and use designation to Commercial (C) with conditions district classification and use designation and the Zoning Plan attached hereto and incorporated herein as Exhibit B is hereby approved, subject to the following conditions 1 No exterior audio or speaker system shall be allowed on the premises of the site 2 Lighting shall be designed and maintained so as not to shine on or disturb surrounding residential property or to shine and project upward to prevent diffusion in to the night sky Page 1 of 2 S �Aur Dacwnwu�AklP,ocaM1�ZP-OOAIB Ecc The project plan for the subject property shall provide for tree preservation on the property to the fullest extent possible which will include minimization of grading and clearing of the site to protect the existing trees 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 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 ofDenton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the Id day of 2001 ATTEST JENNIFER WALTERS, CITY SECRETARY �"L--tl k�" BY APPROVED AS TO LEGAL FORM HERBERT L P&oUI'Y, CITY ATTORNEY m EULINE BROCK, MAYOR Page 2 of 2 EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING PART OF A TRACT DESCRIBED IN A DEED TO H W POCKRUS, ET UX, RECORDED IN VOLUME 314, PAGE 183, DEED RECORDS DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 0 62 ACRE TRACT DESCRIBED IN A DEED TO H W POCKRUS, ET UX, RECORDED IN VOLUME 358, PAGE 505, DEED RECORDS DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A %2 INCH IRON ROD FOUND AT THE INTERSECTION OF THE SOUTHEAST LINE OF SAID 0 62 ACRE TRACT WITH THE NORTHEAST RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 35E, SAID ROD BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO A E WYATT, RECORDED IN VOLUME 2304, PAGE 418, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 48 DEGREES 21 MINUTES 10 SECONDS WEST, WITH SAID RIGHT- OF-WAY, A DISTANCE OF 530 53 FEET TO A''/z INCH IRON ROD FOUND FOR CORNER AT THE INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35E AND THE SOUTH LINE OF POCKRUS PAGE ROAD THENCE NORTH 43 DEGREES 11 MINUTES 27 SECONDS EAST, A DISTANCE OF 73 95 FEET TO A FENCE CORNER POST FOUND FOR CORNER THENCE SOUTH 85 DEGREES 47 MINUTES 26 SECONDS EAST WITH THE SOUTH LINE OF POCKRUS PAGE ROAD, A DISTANCE OF 567 43 FEET TO A FENCE CORNER POST FOUND FOR CORNER AT THE NORTHERNMOST NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ENDERBY GAS, INC, RECORDED IN VOLUME 759, PAGE 433, DEED RECORDS DENTON COUNTY, TEXAS THENCE SOUTH 41 DEGREES 36 MINUTES 11 SECONDS WEST, WITH THE NORTHWEST LINE OF SAID ENDERBY GAS TRACT, A DISTANCE OF 147 80 FEET TO A FENCE CORNER POST FOUND FOR CORNER AT THE NORTHERNMOST NORTHEAST CORNER OF SAID 0 62 ACRE TRACT BEING THE WESTERNMOST SOUTHWEST CORNER OF SAID ENDERBY GAS TRACT THENCE SOUTH 61 DEGREES 02 MINUTES 47 SECONDS EAST, WITH THE NORTHEAST LINE OF SAID 0 62 ACRE TRACT AND THE SOUTHWEST LINE OF SAID ENDERBY GAS TRACT, A DISTANCE OF 90 43 FEET TO A'/2 INCH IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 0 62 ACRE TRACT WHICH IS THE NORTHERNMOST NORTHEAST CORNER OF SAID A E WYATT TRACT THENCE SOUTH 43 DEGREES 41 MINUTES 02 SECONDS WEST, WITH THE SOUTHEAST LINE OF SAID 0 62 ACRE TRACT AND THE NORTHWEST LINE OF SAID A E WYATT TRACT, A DISTANCE OF 29113 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 3 086 ACRES OF LAND r'""" EXHIBIT B mew AMN�I wIN1 "owN au7iu N NOY !OZ .. a �aiirviJNi w r .wN i am 'xwNW Nr1N iIII.N ,...,.,.w� MA1 pN p` zNI 'HSVN'81L311VLNVH °11 zid V z z o � � a z � v r o o O m Z n