2015-369S:\Legal\OurDocuments\Ordinances\15\Z15-0025 Ordinance.docx
ORDINANCE NO. 2015 -369
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A CHANGE IN THE
ZONING CLASSIFICATION FROM A REGIONAL CENTER COMMERCIAL
NEIGHBORHOOD (RCC -N) ZONING DISTRICT AND USE CLASSIFICATION TO AN
EMPLOYMENT CENTER COMMERCIAL (EC -C) ZONING DISTRICT AND USE
CLASSIFICATION ON APPROXIMATELY 15.811 ACRES OF LAND GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF NORTH INTERSTATE 35 AND
BARTHOLD ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING
AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z15 -0025)
WHEREAS, Love's Travel Stops and Country Stores has applied for a zoning change on
approximately 15.811 acres of land legally described in Exhibit "A ", attached hereto and
incorporated herein by reference (hereinafter, the "Property ") from a RCC -N zoning district and
use classification to an EC -C zoning district and use classification; and
WHEREAS, on October 7, 2015, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval (7 -0) of the change in zoning district and use
classification; and
WHEREAS, on November 17, 2015, the City Council likewise conducted a public hearing
as required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent
with the Denton Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby changed
from RCC -N to EC -C.
SECTION 3. The City's official zoning map is hereby amended to show the change in the
zoning district and use classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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 published twice in the Denton Record -
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the ...p.......
day o N, %' -,V"v. " ........... 2015.
x
CHRIS W F" S, MA) lR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY���.� llJi
Exhibit A
Legal Description
BEING all that certain lot, tract, or parcel of land situated in the B.B.B. and C.R.R. Company
Survey Abstract Number 141 in the City of Denton, Denton County, Texas, being all that
certain tract of land conveyed by deed from Anjum Investments, LP to Love's Travel Stops
& Country Stores, Inc. recorded under Document Number 2014 - 53372, Real Property
Records, Denton County, Texas, and being all that certain tract of land conveyed by deed
from Kelsoe Tractor Company, Inc.to Love's Travel Stops & Country Stores, Inc. recorded
under Document Number 2014 - 58347, Real Property Records, Denton County, Texas, and
being all that certain tract of land conveyed by deed from Ronnie E. Riley and Nora K. Riley
to Love's Travel Stops & Country Stores, Inc. recorded under Document Number 2014-
51286, Real Property Records, Denton County, Texas, and being all that certain tract of
land conveyed by deed from Kelsoe Tractor Company, Inc. to Love's Travel Stops & Country
Stores, Inc. recorded under Document Number 2014 - 14134, Real Property Records,
Denton County, Texas and being a part of and being more particularly described as follows:
BEGINNING at a P.K. nail found for corner in Barthold Road, a public roadway, said point
being the northeast corner of that certain tract of land conveyed by deed from County 20
Storage and Transfer, Inc. to Deeper Life Bible Church recorded under Document Number
2009 - 56655, Real Property Records, Denton County, Texas;
THENCE S 890 29'00" E, 559.13 feet with said Barthold Road to an iron rod found for corner
at the beginning of a right -of -way flare;
THENCE S 450 22'00" E, 144.55 feet with said right -of -way flare to an iron rod set for corner
in the west line of Interstate Highway Number 35, a public roadway having a variable width
right -of -way;
THENCE S 01 ° 01' 08" E, 557.44 feet with said west line of said Interstate Highway to an
iron rod found for corner, said point being the northeast corner of said Kelsoe Tractor
Company tract;
THENCE S 000 33' 41" E, 199.64 feet with said west line of said Interstate Highway to an
iron rod found for corner, said point being the northeast corner of said Kelsoe Tractor
Company tract;
THENCE along the arc of a curve to the left having a central angle of 00° 06' 25 ", a radius
of 11685 feet, and arc length of 21.82 feet, whose chord bears S 00° 36' 45" E, 21.82 feet
with the said west line of said Interstate Highway to an iron rod set for corner, said point
being the northeast corner of that certain tract of land conveyed by deed from Foster Real
Estate Ltd. to Mark D. Foster and wife, Madeline M. Foster recorded under Document
Number 2012 - 48899, Real Property Records, Denton County, Texas;
THENCE N 890 29'27" W, 294.82 feet with the north line of said Foster tract to an iron rod
set for corner, said point being the northwest corner of said Foster tract;
THENCE S 000 24'43" W, 241.30 feet with the west line of said Foster tract to an iron rod
found for corner, said point being the southwest corner of said Foster tract;
THENCE S 890 26' 16" E, 301.87 feet with the south line of said Foster tract to an iron rod
found for corner in said west line of said Interstate Highway, said point being the southeast
corner of said Foster tract;
THENCE S 020 39'07" E, 12.69 feet with said west line of said Interstate Highway to an iron
rod found for corner, said point being the northeast corner of the remnant of that certain tract
of land conveyed by deed from LaFern Landtroop to Vantage Fort Worth Energy LLC
recorded under Document Number 2014 - 22936, Real Property Records, Denton County,
Texas;
THENCE N 890 21'06" W, 691.75 feet with the north line of said Vantage Fort Worth Energy
tract to an iron rod found for corner in the east line of said Deeper Life Bible Church tract;
THENCE N 000 25' 19" E, 252.56 feet with said east line of said Deeper Life Bible Church
tract to an iron rod found for corner;
THENCE N 000 38' 39" E, 879.38 feet with said east line of said Deeper Life Bible Church
tract to the PLACE OF BEGINNING and containing 15.811 acres of land.
Exhibit B
Location Map