1995-104wal-mart .ord
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM PLAiTNED DEVELOPMENT NO. 70 (PD-70) AND AGRICULTURAL (A) ZONING
CLASSIFICATIONS AND USE DESIGNATIONS TO COMMERCIAL-CONDITIONED
(C(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
38.429 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF THE INTER-
SECTION OF LOOP 288 AND SPENCER ROAD; PROVIDING FOR A PENALTY IN
THE MA=XIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Norman Brinker, on behalf of Wal-Mart Stores, Inc.,
has applied for a change in zoning for 38.429 acres of land from
Planned Development No. 70 (PD-70) and Agricultural (A) zoning
district classifications and use designations to a Commercial-
conditioned (C(c)) zoning district classification and use designa-
tion; and
WHEREAS, on May 24, 1995, the Planning and Zoning Commission
recommended approval of the requested change in zoning; and
WHEREAS, Wal-Mart Stores, Inc., has given its written consent
to each of the conditions imposed by this rezoning as set forth in
Exhibit B, attached hereto and incorporated by reference herein, as
evidenced by the letter dated May 30, 1995, attached hereto as
Exhibit C; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 38.429 acres of land described in Exhibit A,
attached hereto and incorporated into this ordinance by reference,
is changed from its Planned Development No. 70 (PD-70) and Agricul-
tural (A) zoning district classifications and use designations to
a Commercial-conditioned (C(c)) zoning district classification and
use designation under the comprehensive zoning ordinance of the
City of Denton, Texas, with additional conditions imposed as set
forth in Exhibit B, attached hereto and incorporated by reference
herein.
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
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 IV. That this ordinance shall become effective four-
teen (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, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage. /~
PASSED AND APPROVED this the~'~-'day of , 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP~ED A~TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
PAGE 2
PROPOSED ZONING
LEGAL DESCRIPTION
"C(c)' COIVCviERCIAL CONDITIONED
38 429 ACRES
BELNG all that certain lot, tract or parcel of land situated in the J W Cheek Survey, Abstract No 324,
Denton County. Texas, and being a part of that same 65 63-acre tract of land conveyed to Olen L
Spencer by the Veteran's Land Board of Texas as recorded in Volume 382, Page 204 of the Deed
Records of Denton County, Texas and being more particularly described as follows
BEG/N,'NT',;G at an iron rod at the intersection of the southeast line of SH 288 with the v, est hne of
the J W Cheek Survey,
THENCE N 60° 14'05" E a distance of 29 88 feet vAth the southeast line of SH 288 to the
beginning of a curve to the left, having a central angle of 4°21', a radius of 2,939 76
feet,
TI-fENCE around said cuvve to the left and ~.4th the southeast line of SH 288 a distance of 223 29
feet to a point for corner,
TI-fENCE N 49°55'36" E a distance of 204 09 feet with the southeast line of SH 288 to :,%
beginning of a curve to the lefL having a central angle of 10°59'32
2,924 76 feet,
THENCE around said cu~'e to the left and with the southeast line of SH 288 a distance of 561
feet to an iron rod for corner; said point being the southwest corner of the Brinker
I D.C, J V tract as recorded in Volume 3389. Page 348 of the Deed Records o£
Denton County, Texas, and being the beginning ora curve to the left having a cent?.J
angle of 5 =29', a radius of 2,924 76 feet,
THENCE around said curve to the left and vAth the southeast hne of SH 288 a distance of 279 '36
feet to a point for corner, said point being the southeast line of Spencer Road.
THENCE N 72: 17' E a distance of 80 64 feet with the southeast line of Spencer Road to a porn:
for corner, said point being a right-a-way post on the south boundary.' line of Spencer
Road,
THENCE N 17°3Y E a distance of 43 49 feet to a steel pin in Spencer Road for corner,
THENCE S 70=29, E a distance of 119 36 feet to a point for corner in asphalt,
THENCE S 00° 26' E a distance of 245 25 feet to a point for corner, said point being the northeast
comer of Brinker tract as recorded in 93-R0022415 of the Deed Records of Denton
County. Texas,
THENCE S 00=26'19.. E a distance of 1,620 48 feet with the east hne of the Brinker tract to a
point for corner,
THENCE S 89:33'41 ' V~' a distance of 1,160 41 feet to a point for corner, said point be,,ne the
east line of the Kar,,oumars tract as recorded in Volume 3405, Page 50 of the 15eec~
Records of Denton County. Texas.
THENCE N 00°28'21' W a &stance of 9~92~ feet to
containing approximately 35 429 acres of
CONDITIONS AND RESTRICTIONS
FOR "C(c)"
COMMERCIAL CONDITIONED DISTRICT
REQUEST BY WAL-MART STORES, INC.
PROHIBITED USES:
The following uses, otherwise permitted in this district, or
otherwise permitted with approved specific use permit, shall be
prohibited in this conditioned district:
1. Primary Residential Uses
(a) Community Unit Development
(b) Trailer Camp or Mobile Home Park
2. Educational, Institutional and Special Uses
(a) Cemetary or Mausoleum
(b) Halfway House
3. Utility, Accessory, and Incidental Uses
(a) Home Occupation
(b) Radio and Television or Microwave Tower
4. Recreational and Entertainment Uses (a) Dance Hall or Night Club
(b) Drag Strip
(c) Fairground
(d) Go Cart Track
(e) Rodeo Grounds
(f) Sexually Oriented Business
(g) Stable, Private Club
(h) Stable, Commercial Rental
(i) Stable, Boarding
(j) Theater, Drive-in
5. Automobile Service Uses
(a) New or Used Car Sales Lot (in open)
6. Aqricultural Type Uses (a) Animal Pound (public or private)
(b) Animal Clinic, Animal Hospital or Kennel with outside
Runs or Pens
(c) Hatchery, Poultry
7. Commercial Type Uses
(a) Flea Market (outdoor)
(b) Storage of furniture or appliances outside a building
8. Natural Resource Storaqe or Extraction
(a) Extraction and Storage of Sand, Caliche, Stone, Clay, or
Gravel (except for site improvements.)
Fax #
May 30, 1995
M~. F~ank Robbins, AICP
E~¢cutive Dir~cto~
Ci~ of ~nton
215 E. McKinncy
~n~on, Tcx~s 76201:
Re: Proposed "C(c)" Zoning Request ;
~ar Mr. Robbins:
WaI-Ma~ Storos, Inc. has held discussions with Miss ~rothy Myers concerning her [otter da~ May 18, 1995
to thc City of ~nton Pla~ing and ~vclopmont ~pa~ment. As a result oF ~ose d~scussions, Wal-Maa has
agr~d to rcstfict thr~ more uses. Addmonal restnci~ us include:
1. Us~ car lots sal~s which do not maintain an onclos~ sho~m.
2. D~ce hall and night club when the prima~ business is sales of alcohol and dancing This d~s
not include eating establishments which have incidental bar or dancing activities.
2. Auto salvage yards with outd~r storage of junk v~hicles.
Somo o~ O~c us~ Miss Myers w~t~ r~ct~ were atrca~ rcs~ct~ by WaI-Ma~, they arc: pa~ shop, sexually-
oriented businoss, drag strip, and go-ca~ track. WaI-Maa and Mr. Bfinker desire to mainla[n the following
pcrmlitM us~s:
1,' Tire retreading or capping.
2. Boih on- and off-premise sale of beer an~or wine. .
3, Li~ private club w~ch d~s not ~ict ~i~ ~ r~t6cled ~sM of dance hall and night club.
Enclosed is a revised restriction list that would amend our original zoning change request. I have noted the
amondmcnt and date in tho title for daft ficalion of the cu~ont list.
Should you have any questions, plcase call.
Sincerely,
Thom~s S. Galbrcah, ASL.A.
Vic~ President
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