1998-391 oRDINANc No q£-dq/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
PD-12 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CONDITIONED
COMMERCIAL [C(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR 33 776 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF 1-35 E, EAST OF STATE
SCHOOL RD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00
FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, J and S Wood, LP, as owner, has applied for a change in zoning for 33 776
acres of land from Planned Development (PD-12) zomng dlstnet classification and use designation
to Conditioned Commercial lC(c)] zoning district classification and use designation, and
WHEREAS, on October 28, 1998, the Planning and Zomng Commission recommended
approval of the requested change in zoning, and
WHEREAS, the City Colincll finds that the change in zomng will be in compliance with the
1988 Denton Development Plan and the 1998 Denton Plan Poheles, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
Section I That the zoning district classification and use designation of the 33 776 acre
property described in the legal description attached hereto and incorporated herein as Extnblt A is
changed from Planned Development (PD-12) zonmg district classification and use designation to
Conditioned Commercial [C(c)] zomng district classfficatlon and use designation under the
comprehensive zomng ordinance of the City of Denton, Texas, subject to the following conditions
1 Maximum allowable building coverage for this 33 776 acres shall be 341,786 42 square feet,
which is a floor to area ration of 23 1
2 Lighting on the property shall be designed and mamtmned so as not to shine on, or othenvme
disturb, adjmmng property or to shine and project upward to prevent the diffusion mto the
mght sky
3 That uses be limited to General Retml, Office and Auto Sales and Service uses
4 That the southern boundary of the auto sales and service use be buffered with landscaping of
small and large trees to mitigate nmse and hghtlng impacts
Section II That the City's official zoning map is amended to show the change in zomng
district classfficatlon
Se, etlon m That any person vlolalang any prowsaon oftlus ordinance shall, upon conwctlon,
be fined a sum not exceeding $2,000 00 Each day that aprovlslon oftbas ordinance is violated shall
constitute a separate and distinct offense
Section IV That Planned Development 12, as amended, shall remmn in full force and
effect, save and except as amended by this Ordinance
PAGE 1
Seetton V That this ordinance shall become effective fourteen (14) days from the date of
~ts passage, and the C~ty Secretary ~s hereby d~rected to cause the caption oft}as ordinance to be
pubhshed twice m the Denton Record-Chromcle, a dady newspaper pubhshed ~n the C~ty of Denton,
Texas, w~thm ten (10) days of the date of~ts passage
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
~ ~'.LD NOTES
33 776 Acres
Being all that certmn lot, tract or parcel of land situated an the M ~ P & P ~ Company
Survey, Abstract lqumber 9150 and the (31deon Walker Stu~ey Abstract lqumbcr 1130 City of
Denton, Denton County, Texas, being part of that certain tract of land described In deed to SJ &
S Wood PS recorded in Clerk's File Humber 95-R0040982 of the Real Property Records of
Denlon County, Texas, and part of that certain tract of land described as Tract One in deed to SJ
& S Wood PS recorded in Volume 3178, Page 682 of the Real Property Records of Denton
County, Texas, and being all of that certain tract of land described In deed to S$ & S Wood PS
recorded In Clerk's File lqumber 94-R0038612 of'the Real Property Records of Denton County,
Texas, and being more partlculm'ly described as follows
BEGL!~INING at a capped rebar found at the southwest comer of Tract One cited above, smd
point being on the east right-of-way line of State School Road, a public roadway (100 foot
ROW),
THEI~ICE lq 02 °25'0?" ~, 1170 8 feet, along the east r~ght-of-way hne of State School Road and
the west line of'Tract One, to a 1/2" reber found at the southwest comer of that certain tract of
Land descnbod m deed to Physicians Rehance Network record~xt in Clerk's File Number 95-
R040143 of the Real Prope~ Records of Denton County, Texas,
THENCE S 87°38'21'' 1~, 381 98 f~t, along the south hne of said Physicians tract, to a 1/2"
rebar found at the southeast comer thereof, being on the west hne of that certain tract of land
described i~t deed to SI & S Wood PS recorded In Clerk's File l~lumber 96-R040952 of the Real
Property Records of Denton County, Texas, also known as Lot 3, Mclqatt Addition, Phase 2, an
addlnon to the City of Denton according to the plat thereof recorded in Cabinet ~, Page 244 of
the Plat Records of Denton County, Texas,
TI-IENCE S 0! °$5'46' W, 357 78 feet, along tho northerly east line of Tract One and thc west
hno of said SJ & S Wood PS tract and the west line of Lot 3, to the $ou~h comer thereof and the
southwest comer of Lot 2, Mcl~att Addition,
THENCE S 49°58'30" E, 1084 52 feet, along the north hn¢ of said Wood tract and the south line
of Lot 2, Mclqatt Adthtlon to the southeast comer thereof, being on thc west line of Lot 4R,
Block A, Mclqatt Addiuon, an adchrion to the City of Denton according to thc plat thereof
recorded in Cabinet O, Page 267 of tho Plat lRecords of Denton County, Texas
THENCE S 40°01'52'' W, 99 46 feet, along the west line of Lot 4R. to the southwest comer
thereof,
THENCE S 49°$9'01" E, 383 93 feet, along the south line of Lot 4R, to the southeast comer
thereof, being on the west line of that certain tract of land dascrthed In deed to Oakmont
Canadian Land part~erslup, Ltd, recorded m Clerk's File lqumbor 93-R003978 of the Real
Property Records of Denton County, Texas,
THENCE S 38o30'09" W, 739 25 feet, along the west line of smd Oak. mont tract, to the
southwest comer thereof, being on the north hne cfa drainage channel according to the plat of
Wlmbleton Village, Phase V, an addition to the C~ty of Denton recorded in Cabinet B, Page 309
of the Plat Records of Dellton County, Texas (plat now vacated), said point being in a curve to
the left,
THENCE lqorthwestarly, along the north line of said channel and with the arc of said curve
having a radius of 960 00 feet, a central angle of 17 °l 7'5~', whose chord bears lq 67 °19'58" W,
288 74 fe~t, an arc length of 289 84 feet, to a point of reverse curvature,
THENCE l~orthwes~erly, continuing along lhe north line of smd channel and with the arc of smd
curve hawng a radius of 404 43 feet, a celatral angle of 56°49'01'', whose chord bears N
47°37'34'' W, 384 82 feet, an arc length of 401 05 feet, to a petal of reverse curvature,
T~NCE l~orthwesterly, continuing along the north line of smd channel and with the arc of smd
curve having a rachus of 676 $0 feet, a oantral angle of $ 6 o ! 2' 17", whose chord bears N
47019'54'' W, 637 33 £e~t, an arc length of 663 62 feet, to the I~OINT OF BE~3ININING and
containing approximately 33 776 acres of land