1993-022c:wpdoce\ord\ag-com.o
ORDINANCE NO. ~ QA~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL (A) TO COMMERCIAL (C-c) ZONING DISTRICT CLASSIFI-
CATION AND USE DESIGNATION WITH CONDITIONS FOR 1.2777 ACRES OF LAND
LOCATED ON THE SOUTHEAST CORNER OF MILAM ROAD (FM 3163) AND INTER-
STATE 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. has applied for a change
in zoning for 1.2777 acres of land from Agricultural (A) to Com-
mercial (C-c) district classification and use designation with
conditions; and
WHEREAS, on January 27, 1993, the Planning and Zoning Commis-
sion 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 1.2777 acres of land described in Exhibit A,
attached hereto and incorporated into this ordinance by reference,
is changed from Agricultural (A) to Commercial (C-c) district clas-
sification and use designation with conditions under the comprehen-
sive 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 impervious surface of the property shall be limited to
a maximum of 71%.
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.
0/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: Acle~< 6_z X c e_
PAGE 2
EXHIBIT A
FIELD NOTES TO 1.2777 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:
COMMENCING 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 00 DEGREES 40 MINUTES 24 SECONDS WEST A DISTANCE OF
116.68 FEET TO A WOOD RIGHT-OF-WAY POST;
THENCE NORTH 89 DEGREES 54 MINUTES 31 SECONDS WEST A DISTANCE OF
217.93 FEET TO A POINT IN THE CITY LIMIT LINE OF THE CITY OF
DENTON, TEXAS, BEING 250.0 FEET PERPENDICULAR FROM THE CENTERLINE
OF INTERSTATE HIGHWAY 35 AND POINT OF BEGINNING OF HEREIN
DESCRIBED TRACT;
THENCE SOUTH 00 DEGREES 08 MINUTES 53 SECONDS WEST ALONG SAID
CITY LIMIT LINE, BEING 250.0 FEET FROM AND PARALLEL WITH THE
CENTERLINE OF SAID HIGHWAY, A DISTANCE OF 591.09 FEET TO A
CORNER;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF
99.0 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 331.13 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 81.66 FEET TO THE POINT OF BEGINNING
CONTAINING IN ALL 1.2777 ACRES OF LAND.