HomeMy WebLinkAbout1999-171\\CH LOLWOL0.4HARRU\OBPTLOL\OYt OoowiMUA OocaWfty 018tl
ORDINANCENO 99-/ ZI
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO GENERAL RETAIL WITH CONDITIONS (GR(C)) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 2 093 ACRES OF LAND LOCATED IN
THE GIDEON WALKER SURVEY (ABSTRACT A-1330) NORTH SIDE OF INTERSTATE
HIGHWAY 35 EAST SERVICE ROAD, APPROXIMATELY 500 FEET SOUTH OF
POCKRUS PAGE ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE
DATE (Z-99-018)
WHEREAS, William E Mott, on behalf of A E Wyatt and Charles Holbert, has applied
for a change in zoning for 2 093 acres of land from Agricultural (A) zoning district classification
and use designation to General Retail with Conditions (GR(c)) zoning district classification and
use designation, and
WHEREAS, on April 14, 1999, the Planning and Zoning Commission recommended
approval of the requested change in zoning, and
WHEREAS, the City Council finds that the change in zoning will be in compliance with
the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the zoning district classification and use designation of the 2 093 acre
property described in the legal description attached hereto and incorporated herein as Exhibit
"A" is changed from an Agricultural (A) zoning district classification and use designation to
General Retail with Conditions (GR(c)) zoning district classification and use designation under
the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following
conditions
Lighting on the property shall 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
Limit lot coverage to twenty-five (25%) in order to mitigate traffic impacts to the area
A masonry front facade excluding windows and doors
Only uses permitted are
a Day Nursery or Kindergarten School
b Accessory Building
c Temporary Field or Construction Office (subject to approval and control by
Building Inspector)
d Auto Sales and Repair (In Building)
e New Auto Parts Sales Store
\\OH LOUVOLI%HAR80\DBPTIALWmD mt0YlDrEnm Xg\ "019d
f Antique Shop
g Florist or Garden Shop
h Greenhouse or Plant Nursery (Retail)
i Offices, Professional and Administrative
I Retail Stores and Shops — 4,000 square feet or less
k Retail Stores and Shops — Over 4,000 square feet
1 Studio for Photographer, Musician, Artist, or Health
in Animal Clinic or Hospital (no outside runs or pens)
5 Site Plan must be approved by City Council (but no public hearing is required for this
review)
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 ordmance 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 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 day of 11999
J CK M LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE
EXHIBIT A
FIELD NO TES
2 093 ACRES
BEING all that certain lot, tract or parcel of land situated in
the Gideon Walker Survey, Abstract Number 1330, in the City of
Denton, Denton County, Texas, being a part of that certain tract
of land conveyed by deed from Holbert —Wyatt Volkswagon, Inc to
A L Wyatt and Charles Holbert recorded in Volume 2304, Page
418, Real Property Records, Denton County, Texas, and being more
particularly described as follows
BEGINNING at a iron rod found for corner in the northeast line
of Interstate Highway Number 35—E a public roadway having a
right—of—way of 300 0 feet, said point being the most westerly
corner of Lot 1, Block 1 of Nationwide Housing Addition, an
addition to the City of Denton, Denton County, Texas according
to the plat thereof recorded in Cabinet P, Page 277, Plat
Records, Denton County, Texas,
THENCE N 49 57' 00" W, 28188 feet with said northeast line of
said Interstate Highway to an iron rod found for corner, said
point being the most southerly corner of that certain tract of
land conveyed by deed from Glen W Woodford and wife, Estella
Woodford to H W Pockrus and wife, Alice Pockrus recorded in
Volume 358, Page 505, Deed Records, Denton County, Texas,
THENCE N 42 09' 17" E, 29115 feet with the southeast line of
said Pockrus tract to an iron rod found for corner in the
southwest line of that certain tract of land conveyed by deed
from Lonestor Gas Company to Enderby Gas, Inc recorded in
Volume 759, Page 433, Deed Records, Denton County, Texas,
THENCE S 62 50' 35" E, 29162 feet with said southwest fine of
said Enderby Gas tract to an iron rod found for corner, said
point being the most northerly corner of said Lot 1,
THENCE S 42 09'x17" W, 35627 feet With the northwest line of
said Lot 1 to the PLACE OF BEGINNING and containing 2 093 acres
of land