1992-203E \~pdocs\ord\fsbzon o
*AMENDED BY 96-221
ORDINANCE NO. ~~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL "A" TO GENERAL RETAIL-CONDITIONED (GR-C) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 10 087 ACRES OF
LAND LOCATED ON THE NORTH-NORTHWEST SIDE OF MAYHILL ROAD, WEST OF
AND ADJACENT TO THE M K & T RAILROAD TRACKS; PROVIDING FOR A PEN-
ALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Denton Realty Advisors, Inc. has applied for a change
in zoning for 10.087 acres of land from Agricultural "A" to General
Retail-Conditioned (GR-C) zoning district classification and use
designation; and
WHEREAS, on October 28, 1992, the Planning and Zoning
Commission recommended approval of the requested change in zoning,
WHEREAS, the City Council finds that the change in zoning w~ll
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 10.087 acres of land described in Exhibit A,
attached to and incorporated into this ordinance by reference, is
changed from Agricultural "A" to General Retail-Conditioned (GR-C)
zoning d~strlct classification and use designation under the
comprehensive zoning ordinance of the City of Denton, Texas.
SECTION II. That Exhibit B, attached to and incorporated into
this ordinance by reference, is approved as the Site Plan for the
d~strlct in accordance with Article III of Chapter 35 of the Code
of Ordinances.
~ That the district shall be subject to the
following conditions:
1. An 85 feet setback from the future right-of-way of Loop
288 as shown on the site plan,
2. The use of Lot 1, Block A is limited to a 449 feet
communication tower and an accessory building not exceeding
400 square feet,
3. Lot 1, Block B is designated as undevelopable in its
present configuration,
4. Frequencies to be used on the Communication Tower are
subject to the approval of the Federal CommunIcations
Commission.
SECTION IV That the Clty's official zoning map is amended to
show the change in zoning district classification.
SEI__~. That th~s ordinance shall become effective
~mmedlately upon its passage and approval.
PASSED AND APPROVED this the ~lay of ~, 1992.
BOB CASTLEB
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROV~ AS ~O~LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
PAGE 2
EXHIBIT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE DANIEL LOMBARD SURVEY ABSTRACT 784, CITY OF DENTON, DENTON
COUNTY, TEXAS AND BEING PART OF A (CALLED) 10.087 ACRE TRACT AS
DECRIBED IN A DEED FROM BOB CARAWAY TO AUBREY PRODUCTS, INC AND
BOB CARAWAY, ON THE 15TH DAY OF JULY, 1985, RECORDED IN VOLUME
1709, PAGE 526, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS,
BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE NORTH RIGHT OF
WAY OF MAYHILL ROAD AND THE WEST RIGHT OF WAY OF THE M.K. & T.
RAILROAD;
THENCE SOUTH 60 DEGREES 18 MINUTES 03 SECONDS WEST WITH THE NORTH
LINE OF MAYHILL ROAD A DISTANCE OF 9 89 FEET TO AN IRON PIN;
THENCE SOUTH 89 DEGREES 45 MINUTES 00 SECONDS WEST WITH THE
SOUTYH LINE OF SAID 10.87 ACRE TRACT A DISTANCE OF 624.61 FEET TO
AN IRON PIN AT THE SOUTHWEST CORNER OF SAID 10.087 ACRE TRACT,
THENCE NORTH 00 DEGREES 16 MINUTES 00 SECONDS WEST A DISTANCE OF
1098.84 FEET TO AN IRON PIN AT THE NORTH CORNER OF SAID 10.087
ACRE TRACT ON THE WEST RIGHT OF WAY OF THE M.K. & T. RAILROAD,
THENCE WITH THE WEST RIGHT OF WAY OF SAID RAILROAD RIGHT OF WAY
AROUND A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35 DEGREES
09 MINUTES 29 SECONDS, A RADIUS OF 1873.08 FEET, A CHORD OF SOUTH
32 DEGREES 13 MINUTES 21 SECONDS EAST 1131.42 FEET, AN ARC LENGTH
OF 1149.37 FEET TO AN IRON PIN,
THENCE SOUTH 14 DEGREES 38 MINUTES 37 SECONDS EAST WITH SAID
RAILROAD RIGHT OF WAY A DISTANCE OF 138.54 FEET TO THE POINT OF
BEGINNING CONTAINING IN ALL 10.0869 ACRES OF LAND.
APPROX
ZONE A FIRM
480194 0020 )~
--~ ~ EXHIBIT B
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
92-203, SECTION III, CONDITION 2 TO ALLOW FOR ACCESSORY BUILDINGS
AND INCREASE THE 400 SQUARE FOOT MAXIMUM ALLOWED FOR ACCESSORY
BUILDINGS TO 1,000 SQUARE FEET, FOR 10 09 ACRES LOCATED ON THE
NORTHEAST CORNER OF STATE SCHOOL ROAD AND COLORADO BOULEVARD,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Hennessey Engineering, on behalf of Denton Tower
Inc , initiated an amendment to Ordinance 92-203 to allow for
accessory buildings and increase the 400 square foot maximum
allowed for accessory buildings to 1,000 square feet, on 10 09
acres located on the northeast corner of State School Road and
Colorado Boulevard, and
WHEREAS, on September 11, 1996, the Planning and Zoning Com-
mission recommended approval of such an amendment to Ordinance 92-
203, and ~
WHEREAS, the City Council finds that this amendment to Ordi-
nance 92-203 will be in compliance with the Denton Development
Plan, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That Ordinance 92-203, Section III, is amended
with respect to the following particulars, all provisions not
herein amended shall remain in full force and effect
Condition 2 The use of Lot 1, Block A, is limited to a 449
foot communication tower and unoccupied (non-
residential) accessory building(s) housing
equipment for the tower not exceeding 1,000
square feet
~ That a copy of this ordinance shall be attached
to all copies of Ordinance 92-203, showing the changes herein made
~ That the City's official zoning map is amended
to show the change in zoning district classification
~ 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
~. 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, a dally newspaper
published an the C~ty of Denton, Texas, w~thzn ten (10) days of the
date of its passage
P~SED AND APPRO~D this the I ~ day of ~~_, 1996
JAC~MILLER, ~YOR
ATTEST
JE~IFER W~TERS, CITY SECRETly
PAGE 2
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED
IN THE DANIEL LOMBARD SURVEY ABSTRACT 784, CITY OF DENTON, DENTON
COUNTY, TEXAS AND BEING PART OF A (CALLED) 10.087 ACRE TRACT AS
DECRIBED IN. A DEED FROM BOB CARAWAY TO AUBREY PRODUCTS, INC AND
BOB CARAWAY, ON THE 15TH DAY OF JULY, 1985, RECORDED IN VOLUME
1709, PAGE 526, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS;
BEGINNING AT AN IRON PIN AT THE INTERSECTION OF THE NORTH RIGHT OF
WAY OF MAYHILL ROAD AND THE WEST RIGHT OF WAY OF THE M.K. & T
RAILROAD;
THENCE SOUTH 60 DEGREES 18 MINUTES 03 SECONDS WEST WITH THE NORTH
LINE OF MAYHILL ROAD A DISTANCE OF 9.89 FEET TO AN IRON PIN,
THENCE SOUTH 89 DEGREES 45 MINUTES 00 SECONDS WEST WITH THE
SOUTYH LINE OF SAID 10.87 ACRE TRACT A DISTANCE OF 624.61 FEET TO
AN IRON PIN AT THE SOUTHWEST CORNER OF SAID 10.087 ACRE TRACT;
THENCE NORTH 00 DEGREES 16 MINUTES 00 SECONDS WEST A DISTANCE OF
1098.84 FEET TO AN IRON PIN AT THE NORTH CORNER OF SAID 10.087
ACRE TRACT ON THE WEST RIGHT OF WAY OF THE M.K. & T. RAILROAD;
THENCE WITH THE WEST RIGHT OF WAY OF SAID RAILROAD RIGHT~F WAY
AROUND A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35 DEGREES
09 MINUTES 29 SECONDS, A RADIUS OF 1873.08 FEET, A CHORD OF SOUTH
32 DEGREES 13 MINUTES 21 SECONDS EAST 1131.42 FEET, AN ARC LENGTH
OF 1149.37 FEET TO AN IRON PIN;
THENCE SOUTH 14 DEGREES 38 MINUTES 37 SECONDS EAST WITH SAID
RAILROAD RIGHT OF WAY A DISTANCE OF 138.54 FEET TO THE POINT OF
BEGINNING CONTAINING IN ALL 10.0869 ACRES OF LAND.