HomeMy WebLinkAbout2001-432ORDINANCE NO OD�A
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 5 0 ACRES OF LAND
LOCATED BETWEEN MINGO ROAD AND FISH TRAP ROAD, COMMONLY KNOWN AS
5501 FISH TRAP ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE (Z01-0032)
WHEREAS, Rodger Donnelly initiated a change in zoning for 5 0 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 October 10, 2001, the Planning and Zoning Commission concluded a public
hearing as required by law and recommended approval of the requested change in zoning, and
WHEREAS, the City Council finds that the change in zoning is consistent with the
Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The zoning district classification and use designation of the approximate 5
acre property described in 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) zoning district classification and use designation under the comprehensive zoning ordinance of
the City of Denton, Texas, subject to the following conditions
1 A 20' wide bufferyard shall be provided along the east and north property lines, consisting of
one (1) canopy tree for every fifteen (15) linear feet and two (2) understory plants for every
canopy tree, between proposed commercial uses and adjacent existing residential uses
2 Lighting on the property would be required to be designed and maintained so as not to shine
on or otherwise disturb surrounding residential property or to shine and project upward to
prevent the diffusion into the night sky
3 No outside storage shall be allowed
SECTION 2 The City's official zoning map is amended to show the change in zoning
district classification
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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 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 -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 6 ti- day of .CPf t, 2001
Z
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L" PR�ODUTY, CITY AV,
BY
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METES 6 BOUNDS
5501 Flshtrop Road
5 00 ACRES
ALL that certaln lot, tract, or paroal of land situated In the T LIVING SURVEY, ABSTRACT NUMBER 729, and the M FORREST
SURVEY, ABSTRACT NUMBER 417, Denton County, Texas, and being a resurvey of a called 5 acre tract of land described In Deed from
Frieda B Vanderhider to Deborah Vanderhlder Owln as recorded In Volume 1552, Page 44 of the Deed Records of Denton County, Texas,
and being more particularly dsuorbsd as follows:
BEGINNING of a 3/6' Mon rod found In the South right-of-way One of the T B P Railroad at the Northwest corner of a tract of land
described In Deed from Collins 6 Leverett Associates, Inc, to Philp J Clements as recorded In Volume 2742, Page 77 of the Real
Property Records of Denton County, Texas, for the Northeast corner of sold 5 acre tract,
THENCE South 03 degrees 56 minutes 30 ***ends West along or near a tones with the West line of sold Clements tract passing a 1/2"
Iron rod found at a distance of 123878 feel and oonfinucy on told course a total distance of 126593 feet to a 1/2' capped Iron rod
set an the South sido of an asphalt rood under apparent pualle use posted as Flehlrop Rood for the Southeast corner of said 5 acre
tract,
THENCE North 64 degrees 04 minutes 31 seconds West alon the South side of sold Flahtrap Road a distance of 179 BB feet to a 1/2"
capped Iron rod set for the Southwest corner of sold 5 Gore Preal,
THENCE North 03 degrees 56 minutes 30 seconds East with the Wed One of sold 5 core tract a distance of 05526 feet to a 1/2'
capped Iron rod set In the South right -of -ray tine of said T 9 P Retread for the Northwest corner thereof,
THENCE North 63 degrees 47 minutes OB seconds East along or near a fence with the South right-of-woy line of sold T d P Railroad
a distance of 20791 fast to the PONT OF BEGINNING, and enclosing 500 acres of land, more or less
This Plat correctly represents the results of an an-ths-pround survey mods under my direction and supervision on 12-II-00 There are
no viable oryqapparent Intrusions, protrusions or easements except as shown hereon.
The l Lwin easement
ase e f does affect the subject property by ingress/agrees
The following easement Is unlocatable by description,
Lone Star Gee Cc $95/123
FL00D STATEMENT: I have examined the FEMA Flood Insurance Rote Map for the City of Denton, Denton County, Texas, Community
Number 480194. effective date 4-2-97 and that map Indicates that this property Is In Non -Shaded ZONE X which Is defined as *Areas
determined to be outside the 500-yea flood; as shown on Panel 360 E of said map
t
J E Thompson II R P L S No 4857 Date