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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