1995-052landfi lz.ord
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM TEMPORARY AGRICULTURAL ZONING DISTRICT (A) TO LIGHT INDUSTRIAL
(LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 199.5
ACRE TRACT LOCATED NORTH OF EDWARDS ROAD AND EAST OF MAYHILL ROAD;
APPROVING A SPECIFIC USE PERMIT TO OPERATE A LANDFILL IN THE DIST-
RICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city of Denton, Texas has applied for a change in
zoning for a 199.5 acre tract of land located north of Edwards Road
and east of Mayhill Road from Temporary Agricultural zoning dist-
rict classification and use designation (A) to Light Industrial
(LI), as well as a specific use permit to operate a landfill there-
on; and
WHEREAS, on January 25, 1995, the Planning and zoning Commis-
sion recommended approval of both the requested change in zoning
and the requested specific use permit; and
WHEREAS, the city Council finds that the change in zoning will
be in compliance with the Denton Development Plan; and
WHEREAS, in accordance with Article III, Division 4 of Chapter
35 of the Code of Ordinances of the City of Denton, Texas, the City
Council finds that all of the following conditions exist:
1. That the specific use will be compatible with and not
injurious to the use and enjoyment of other property nor
significantly diminish or impair property values within
the immediate vicinity;
2. That the establishment of the specific use will not
impede the normal and orderly development and improvement
of surrounding vacant property;
3. That adequate utilities, access roads, drainage and other
necessary supporting facilities have been or will be
provided;
4. The design, location and arrangement of all driveways and
parking spaces provides for the safe and convenient
movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent
developments;
5. That adequate nuisance prevention measures have been or
will be taken to prevent or control offensive odor,
fumes, dust, noise and vibration;
6. That directional lighting will be provided so as not to
disturb or adversely affect neighboring properties; and
7. That there is sufficient landscaping and screening to
ensure harmony and compatibility with adjacent property;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district classification and use
designation of the 199.5 acres of land described in Exhibit A,
attached hereto and incorporated into this ordinance by reference,
is changed from Temporary Agricultural (A) to Light Industrial (LI)
zoning district classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas.
SECTION II. That specific use permit S-204 to operate a
landfill is hereby granted to the city of Denton, Texas for a 199.5
acre tract of land described in Exhibit A, attached hereto and
incorporated into this ordinance by reference.
SECTION III. That the City's official zoning map is amended
to show the changes in zoning district classification.
SECTION IV. 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 V. 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~/~ day of ~, 1995.
ATTEST: BOB CASTLEBERR~Y' MA~ ~
JENNIFER WALTERS, CITY SECRETARY
PAGE 2
EXHIBIT "A"
ALL that certain lot, tract, or parcel of land lying and being
situated in the County of Denton, State of Texas, being part of the
Gideon Walker Survey A-1330 and more particularly described as
follows;
BEGINNING at a point in the existing city limits said point lying
in the south line of a tract described in Ordinance 81-94 said
point also lying at the northwest corner of the tract described in
Ordinance 83-18 and in the center of an east/west road (known as
Foster Road);
THENCE west along the center of said east/west road and the south
line of said City limits (Ordinance 81-94) a distance of 1815.66
feet to an interior corner of Ordinance 81-94, and the west
boundary line of the Gideon Walker Survey A-1330;
THENCE south with the west boundary line of said Walker Survey and
the east line of Ordinance 81-94 in Mayhill Road 1228.21 feet to a
point in the center of a county road and also the northwest corner
of Ordinance 86-14:
THENCE south 2° west with the east line of Ordinance 86-14 a
distance of 1727.92 feet to the northwest corner of Ordinance 83-
16;
THENCE south 88° 29' east with the north line of Ordinance 83-16 a
distance of 1489.1 feet to the northwest corner of Ordinance 86-15;
THENCE south 86° 53' east with the north line of Ordinance 86-15 a
distance of 1412.5 feet to the northwest corner of Ordinance 86-
218;
THENCE south 86° 59' 59" east with the north line of Ordinance 86-
218 a distance of 627.98 feet to the northeast corner of Ordinance
86-218 and in the west line of Ordinance 84-17, Third tract;
THENCE north 1260 feet to the northwest corner of Ordinance 84-17,
Third Tract and the southerly southwest corner of Ordinance 83-18;
THENCE north 1° 41' 08" east a distance of 541.96 feet with the
most easterly west line of Ordinance 83-18;
THENCE north 87° 37' 54" west with the northerly south line of
Ordinance 83-18 a distance of 831.02 feet to a point for corner;
THENCE north 88° 15' 45" west with the northerly south line of
Ordinance 83-18 a distance of 792.29 feet to the most northerly
southwest corner of Ordinance 83-18;
THENCE north 1° 09' 20" east with the west line of Ordinance 83-18
a distance of 1308.77 feet to the Point of Beginning and containing
199.5 acres of land.
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