1993-080e:wpdocs\ord\milam.o
ORDINANCE NO. 9~' !QK
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
OF 3.8543 ACRES OF LAND FROM AGRICULTURAL (A) TO COMMERCIAL (C-c)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS
AND CONSOLIDATING SUCH ACREAGE WITH 1.2777 ACRES OF LAND ZONED COM-
MERCIAL WITH CONDITIONS (C-c) PURSUANT TO ORDINANCE 93-022 TO FORM
A 5.1312 TRACT OF LAND LOCATED ON THE SOUTHEAST CORNER OF MILAM
ROAD (FM 3163) AND INTERSTATE 35; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Love's Country Stores, Inc. (Musket Corporation) has
applied for a change in zoning for 3.8543 acres of land from
Agricultural (A) to Commercial (C-c) district classification and
use designation with conditions and to consolidate such acreage
with 1.2777 acres of land zoned Commercial with conditions (C-c)
pursuant to Ordinance No. 93-022 to form a 5.1312 acre tract of
land; and
WHEREAS, on March 24, 1993, 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 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 5.1312 acres of land described in Exhibit A,
attached hereto and incorporated into this ordinance by reference,
is changed from Commercial with conditions (C-c) and Agricultural
(A) to Commercial (C-c) district classification and use designation
with conditions under the comprehensive zoning ordinance of the
City of Denton, Texas.
SECTION II. That in accordance with Section 35-123 of the
Comprehensive Zoning ordinance, the use of the property shall be
subject to the following conditions:
1. Of the uses allowed in a commercial district, this property
is restricted to the following uses:
(a) truck parking lot;
(b) gasoline service station;
(c) restaurant;
(d) retail stores and shops - 6,000 square feet or
less;
(e) any use listed in Section 35-77 (use regulation
districts) of the Code of Ordinances for which a
specific use permit has been issued pursuant to
Section 35-106 of the Code of Ordinances.
2. The pervious surface of the property shall not be less and
80% of the lot.
3. No paving shall be permitted on the surface of the existing
in-service septic drain field located on the property.
4. The maximum floor area of the building or any building to
be located on the property shall be 10,000 square feet.
SECTION III. That the City's official zoning map is amended to
show the change 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. 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 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 pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY• d
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
1
BY :
PAGE 2
EXHIBIT A-
FIELD NOTES TO 5.1312 ACRES IN THE JOHN AYERS SURVEY ABSTRACT
2, CITY OF DENTON, DENTON COUNTY, TEXAS.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE JOHN AYERS SURVEY ABSTRACT 2, CITY OF DENTON, DENTON
COUNTY, TEXAS, BEING PART OF A (CALLED) 13.7027 ACRE TRACT AS
DESCRIBED IN A DEED FROM STUCKEY'S INC., A DELAWARE CORPORATION,
TO MUSKET CORPORATION, AN OKLAHOMA CORPORATION ON THE 17TH DAY OF
APRIL, 1985, RECORDED IN VOLUME 1630, PAGE 42, REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A RIGHT-OF-WAY POST AT THE SOUTHWEST CORNER OF A
0.70 ACRE TRACT DESCRIBED IN A DEED FROM STUCKEY'S INC. TO THE
STATE OF TEXAS, FOR RIGHT-OF-WAY PURPOSES, ON THE 27TH DAY OF
OCTOBER, 1975, RECORDED IN VOLUME 613, PAGE 127, DEED RECORDS OF
DENTON COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 55 MINUTES 17 SECONDS EAST WITH THE SOUTH
RIGHT-OF-WAY OF F.M. ROAD 3163 (MILAM ROAD), A DISTANCE OF 150.0
FEET TO AN IRON PIN;
THENCE SOUTH 00 DEGREES 04 MINUTES 43 SECONDS WEST A DISTANCE OF
265.0 FEET TO AN IRON PIN;
THENCE NORTH 89 DEGREES 55 MINUTES 17 SECONDS WEST A DISTANCE OF
155.00 FEET TO AN IRON PIN;
THENCE SOUTH 00 DEGREES 13 MINUTES 23 SECONDS EAST A "DISTANCE OF
442.42 FEET TO AN IRON PIN;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF
316.23 FEET TO AN IRON PIN ON THE EAST RIGHT-OF-WAY OF INTERSTATE
HIGHWAY 35;
THENCE NORTH 00 DEGREES 08 MINUTES 53 SECONDS EAST WITH THE EAST
RIGHT-OF-WAY OF I.H. 35, A, DISTANCE OF 260.59 FEET TO AN IRON
PIN;
THENCE NORTH 03 DEGREES 09 MINUTES 01 SECONDS EAST WITH THE EAST
RIGHT-OF-WAY OF I.H. 35, A DISTANCE OF 33.1.13 FEET TO A WOOD
RIGHT-OF-WAY POST;
THENCE SOUTH 89 DEGREES 54 MINUTES 31 SECONDS EAST WITH SAID
RIGHT-OF-WAY A DISTANCE OF 299.63 FEET TO A WOOD RIGHT-OF-WAY
POST;
THENCE NORTH 00 DEGREES 40 MINUTES 24 SECONDS EAST WITH THE EAST
RIGHT-OF-WAY OF I.H. 35, A DISTANCE OF 116.68 FEET TO THE POINT
OF BEGINNING CONTAINING IN ALL 5.1312 ACRES OF LAND.
,4 -e