2007-248s:\onr documents\ordinanees\07\507-001 l .dce
ORDINANCE NO. ~O!// -~"/ 0
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ARROVING A SPECIFIC USE
PERMIT TO ALLOW HEAVY MANUFACTURING USE ON A PROPERTY CURRENTLY
ZONED INDUSTRIAL CENTER GENERAL (IC-G), ON APPROXIMATELY4.736RCRES OF
LAND, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF I-35W AND METRO
STREET, AND LEGALLY DESCRIBED AS PART OF PHASE 1, BLOCK 1, LOT 1B OF THE
GRANITE POINT ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
PROVIDING FORA PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTNE DATE. (507-0011)
WHEREAS, Tetra Point Fuels, Inc., has applied for a Specific Use Permit to allow Heavy
Manufacturing Use on a property currently zoned Industrial Center General (IC-G), on
approximately 4.736 acres of land, generally located at the southwest comer of I-35W and Metro
Street, and more particularly described in Exhibit "A" attached hereto and made a part hereof by
reference (the "Property"); and
WHEREAS, on September 26, 2007, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested Specific Use Permit;
and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the
Development Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
s
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Pursuant to §35.6.5 of the Denton Development Code, a Specific Use Permit to
allow a Heavy Manufacturing Use on a property currently zoned industrial Center General is hereby
approved, subject to the following conditions:
The SUP shall expire when the applicant (Tetra Point Fuels, Inc.) ceases operation of
this bio-fuel production facility and may not be transferred or assigned.
All City codes, standards, and regulations shall be met relating to the development of
this bio-fuel production facility.
SECTION 3. The Specific Use Permit Site Plan attached hereto and incorporated herein as
Exhibit "B", is hereby approved for the property described in the caption of this ordinance.
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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision of this ordinance shall, upon conviction,
s dour documents\ordinances\0'7~s07-001 Ldce
be fined a sum not exceeding $2,000.00. Each clay that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. 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 ofDenton,
Texas, within ten (IO) days of the date of its passage. ,//~t
PASSED AND APPROVED this the ~ day of ~C:~f/~ , 2007.
`~
PE R. MINE L, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B .
APPROVED AS TO_L GAL FORM:
EDWIN M SNYDER, CITY ATTOR~I E
EXHIBIT A
TETRA POINT FUELS AT GRANITE POINT
(City Project No. S07-0011)
SPECIFIC USE PERMIT FIELD NOTES
` BEING A 4.736 ACRE TRACT OF LAND LOCATED IN THE O.S. BREWSTER
SURVEY, ABSTRACT No. 56, DENTON COUNTY, TEXAS, BEING A PORTION OF
LOT 16, GRANITE POINT, PHASE I AS SHOWN BY THE PLAT RECORDED IN
CABINET "W", PAGES 753-757 OF THE PLAT RECORDS OF DENTON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS;
BEGINNING AT POINT IN THE NORTH LINE OF SAID LOT 16 LYING N 88°33'33"E,
408.71 FEET FROM A 1/2" IRON ROD FOUND WITH A CAP STAMPED "V1/IER
& ASSOC. INC." FOR THE MOST WESTERLY NORTHWEST CORNER OF
SAID LOT 1B;
THENCE N 88°33'33"E ALONG THE NORTH LINE OF SAID LOT 1 B, 448.28 FEET TO
A POINT;
THENCE S 01°26'27"E, 460.67 FEET TO A POINT IN THE SOUTH LINE OF SAID
LOT 1 B;
THENCE S 88°40'51"W ALONG THE SOUTH LINE OF SAID LOT 16, 448.28 FEET
TO A POINT;
THENCE N 01°26'27" W, 459.72 FEET TO THE PLACE OF BEGINNING CONTAINING
4.736 ACRES (206,295 SQUARE FEET) OF LAND.
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