1997-279 NO qT- 7q
OF CITY OF D WrON,
ms cr
TO T~ LIGHT ~UST~ ~I) ~ ~AW ~US*~ CO~ITIO~D ~[C])
ZO~G DIS~CT CLASS~ICATIONS ~ USE DESIGNATIONS FOR 29 416 AC~S
LOCATED ON T~ ~ST S~E OF ~ERSTATE 35 ~ST, SOUTH OF ~ORT RO~
~ NORTH OF ~O ST~ET, PROLOG FOR A PEN~TY ~ ~ ~
~O~T OF $2,000 00 FOR ~OLATIONS T~OF, ~ PROLOG FOR ~
EFFECT~ DATE
~, ~ Crmg S~tt, on beef of LaP,mom ~ten~s, ~mt~at~ a ch~ge ~n mmng
~om the ~noulturM (A) zomng d~stnot classification ~d use designation to the L~ght Industrial
zoning dtstn~ dass~fi~t~on ~d use des~g~Uon for a 17 732 acre tract (~om as Tract One) ~d
to the Hea~ Industn~ coM~t~on~ ~[o]) zomng d~stnct classfficat~on ~d use dest~at~on for a
11 684 acre tract (~om as Tract Two), ~d
~AS, on Au~st 27, 1997, the Pl~mng ~d Zoning Co~ss~on reco~ended
approv~ of the c~ge ~om the A~I~M (A) zomng d~stnct ~d use class~ficatton to the L~t
Industn~ ~I) zomng d~stnct ~d use classification for Tra~ One, ~d
~AS, on Au~st 27, 1997, the Plamng and Zomng Co~ss~on reco~ended
approvM of tho c~e ~om the Agnoultur~ (A) mmng d~stnct ~d use classification to the H~
IndustnM coM~t~oned ~[c]) zomng district ~d use classification for Tract Two, and
~AS, the C~ty Councd rims that the ch~ge ~n mmng roll be m comph~ce ruth the
Denton Dovelopment PI~, NOW T~FO~
~ CO~C~ OF ~ CITY OF DENTON ~BY O~S
SECTION I That the zomng d~stnct classification ~d use designation of the 17 732
acres ofl~d (Tract One) aM the 11 684 acres of land (Tract Two) described m E~b~ts A ~d B,
respectively, whch ~e attached her~o and m~orated hereto by reference, ~e ch~ged ~om the
A~culmr~ (A) zomng d~stn~ d~sffi~t~on ~d u~ d~at~on for the prop~ descnb~ m Exhb~t
A to the L~t Industrial ~I) zomng d~stnct classification and use designation and the Hea~
Industrial conditioned (~[c]) zomng d~stnct classification ~d use des~at~on for the prope~y
described in E~b~t B uMer the comprehensive zomng ordinance of the C~ty of Demon, Texas
SECTION II Tract Two (11 684 acres described m E~lb~t B) shall be subject to the
following coM~t~ons
a No stm~ure shall be tMler th~ five (5) stones
b No maten~s may be stored mthln one thous~d (1,000) feet of the
1-35W sera,ce road
c All exterior lighting must be installed to avoid the direct illumination of adjacent
properties
d Only one ground sign, displayed on the entranceway fence ~s pernutted wath a
maximum height of eight (8) feet and a mayamum effective area of one hundred (100)
square feet
e The perimeter of the batch plant site, excluding the land to be used for the access
drive, shall be enclosed wath an eight (8) foot tugh fence, wath a single row of tree
plantings along the property line with an expected height of 40 feet or more
~ Tract One and Tract Two shall be subject to the followang conditions
a The concrete batch plant improvements eyasting at 987 and 1100 Willow Spnngs tn
the City of Denton wall be removed by September 24, 1998
b No billboards wall be installed or mmntmned on either Tract One or Tract Two
~ That the City's oftt~al zomng map ~s hereby amended to show the changes
in zoning &strict classifications
~ That any person violating any provasion of thas ordinance shall, upon
conv~ctton, be fined a sum not excee{hng $2,000 00 Each day that a provision oftlus ordinance
vaolated shall constitute a separate and chstmct offense
~ That this ordinance shall become effective fourteen (14) days fi.om the date
of its passage, and the City Secretary ts hereby directed to cause the caption oftl~s ordinance to be
pubhshed twace m the Denton Record-Chromcle, a dluly newspaper pubhshed m the City of Denton,
Texas, wathm ten (10) days of the date of its passage
PASSED AND APPROVED tlus the ~,~"'~ day of L~'~L~/'~L'/~~'' ,
1997
ATTEST~
JENNIFI~R WALTERS, CITY SECRETARY
PAGE 2
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 3
EXHIBIT A
Tract One
ALL THAT CERTAIN TRACT OR PACEL OF LAND LYING AND BEING SITUATED
IN TIlE O S BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND
DESCRIBED IN A DEED FROMM]LTON W ABBEY AND WIFE, VELMA ABBEY,
TO J W SAGOE, Jr, DATED THE 20th DAY OF JANUARY, 1965, RECORDED IN
VOLUME 518, PAGE 306, DEED RECORDS, DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCKIBED AS FOLLOWS
COMMENCING AT A SET 1/2 INCH IRON ROD AT THE SO~AST CORNER OF
LOT 1, BLOCK 1, JUPITER INDUSTRIAL PARK, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET C, PAGE 11, PLAT RECORDS, DENTON COUNTY,
TEXAS, ON THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, ON THE
SO~OST NORTH LINE OF SAID SAGOE TRACT,
THENCE SOUTH 19 DEGREES 48 MINUTES 58 SECONDS WEST WITH THE WEST
RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35, A DISTANCE OF 64 51 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT,
THENCE SOUTH 19 DEGREES 48 MINUTES 58 SECONDS WEST WITH THE WEST
RIGHT,OF-WAY OF INTERSTATE HIGHWAY 35, A DISTANCE OF 548 54 FEET TO
A FOUND X IN CONCRETE ON THE SOUTH LINE OF SAID SAGOE TRACT, AT
THE NORTI-IEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DF.~.D TO
TEXAS' INDUSTRIES INC, RECORDED UNDER COUNTY CLERK'S FILE No 93-
R0067204, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH 88 DEGREES 16 M/NUTES 00 SECONDS WEST, WITH THE
SOUTH LINE OF SAID JAGOE TRACT, A DISTANCE OF 1422 31 FEET TO A
FENCEICORNER POST, SAID CORNER BEING THE SOUTHWEST CORNER OF
SAID SAGOE TRACT, ALSO BEING THE SOUTHEAST CORNER OF A TRACT OF
LAND DESCRIBED IN A DEED TO RAYZOR INVESTMENTS LTD, RECORDED IN
VOLUME 1796, PAGE 601, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS,
THENCE NORTH 00 DGREES 18 MINUTES 49 SECONDS EAST WITH THE EAST
LINE OF SAID RAYZOR TRACT AND TIlE WEST LINE OF SAID JAGOE TRACT, A
DISTANCE OF 510 52 FEET TO A CORNER ON THE WEST LINE OF SAID JAG-GE
TRACT, ALSO BEING ON THE EAST LINE OF SAID RAYZOR TRACT,
THENCE NORTH 88 DEGREES 16 MINUTES 00 SECONDS EAST, A DISTANCE OF
1605 56 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 17 732
ACRES OF LAND
EXHIBIT B
Tract Two
ALL THAT CERTAIN TRACT OR PACEL OF LAND LYING AND BEING SITUATED
IN THE O S BREWST~R SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND
DESCRIBED IN A DEED FRO1VfM]LTON W ABBEY AD WIFE VELMA ABBEY, TO
$ W JAOOE, Jr, DATED THB 20th DAY OF IANUARY, 1965, RECORDED IN
VOLUME ~18, PAGE 306, DEED RECORDS, DENTON COUNTY, TEXAS, AND
BEING MORE pARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A SBT ½ INCH IRON ROD AT ~ SOUTHEAST CORNER OF LOT
I, BLOCK 1, FOPITER INDUSTRIAL PARK, AN ADDITION TO THE CITY OF
DENTON, Dt~WTON COUNTY, TEXAS, ACCORDING TO TH~ PLAT ~OF
RECORDED IN CABINET C, PAGE 11, PLAT RECORDS, DENTON COUNTY,
TEXAS, ON ~ WBST RIGHT-OF-WAY OF ]iNIP_~STATE HIGHWAY 35, ON THE
SOUTHERNMOST NORTH LINE OF SAID JAOOE TRACT,
THBNCE SOUTH 19 DBGRI~S 48 NI]NUTES 58 SECONDS WEST WITH THE WEST
RIGHT-OF-WAY OF INTl..STATE HIGHWAY 35, A DISTANCE OF 64 51 FEET TO
A CORNER,
THBNCB SOUTH 88 DEORI~S 16 MINUTES 00 SECONDS WEST, A DISTANCE OF
1605 $6 FF2BT TO A CO~ SAID CORNER BEING ON THE WEST LINE OF SAID
JAOOE TRACT, ALSO BEING ON THE F_~ST LINE OF A TRACT OF LAND
DESCRIBED IN A DEED TO RAYZOR INVESTMENTS TLD, RECORDED IN
VOLUME 1796, PAGE 601, RBAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS,
THENCE NORTH 00 DORE.S 18 MINUTES 49 SECONDS BAST WITH TH~ EAST
LINB OF SAID RAYZOR TRACT AND TI-IB WEST LINE OF SAID JAOOE TRACT, A
DISTANCE OF 727 71 I.'M.~T TO A FOUND ½ INCH IRON ROD AT THE
NORTHWEST CORNER OF SAID {AGOB TRACT, ALSO BEING THE SOUTHWEST
CO~ OF A TRACT OF LAND DESCRIBED IN A DKED TO FRANK $ bm.Ks,
RECORDED UNDER COUNTY CLERK'S FILE No 96-R0082553, REAL FROPIERTY
RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 89 DEGREES 34 Ivl/NUTES 52 SECONDS BAST WITH THE
NORTH LINE OF SAID SAOOB TRACT AND TItE SOUTH LINE OF SAID MILES
TRACT, A DISTANCE OF 621 78 FEET TO A FOUND ½ INCH IRON ROD AT THE
NORTI-I~RNIviOST NORTHEAST CORNER OF SAID JAOOE TRACT, SAID IRON
ROD BEING TH~ NORTHWEST CORNER OF LOT BLOCK ONE, OF THE RE~LAT
OF INTERSTATE HIGHWAY $~W ADDITION AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS, ACCORDING TO TH~ PLAT THF..REOF
RECORDED IN CABINET C, PAGE I 1 I, PLAT RECORDS, DENTON COUNTY,
TEXAS,
THB2qCB SOLrFH 00 DEGREES 02 IVilNUTES 17 SECONDS BAST WITH THE WEST
LINE OF SAID REPLAT OF INTERSTATE HIGHWAY 35W ADDITION, PASSING AT
320 27 FEBT ~ SOUTHWEST CORNER OF SAID REPLAT OF INq'ERSTATE
HIGHWAY 35W ADDITION, SAiD cORNER ALSO BEING THE NORTHWEST
COP. N~R OF SAID rtlP1TER INDUSTRIAL PARI~ CONTINUING A TOTAL
DISTANCE OF 653 27 FEET TO A FOUND ½ INCH IRON ROD AT THE
SOUIHWEST CORNER OF SAID rOPITER INDUSTRIAL FAP.~ ON THE
SOUTHERNlVlOST NORTH LIN~ OF SAID SAGOE TRACT,
THENCE NORTH 88 DEGREES 16 lviiNUTES 00 SECONDS BAST WITH THE SOUTH
LINE OF SAID ~JPITER INDUSTRIAL PARK, A DISTANCE OF 1000 961.~..£ TO
THE POINT OF BEGINNING AND CONTAINING IN ALL 11 684 ACRES OF LAHD