2004-090AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE
PERMIT FOR MOVIE THEATER ON APPROXIMATELY 10.2 ACRES OF LAND
GENERALLY LOCATED ON THE NORTH SIDE OF INTERSTATE 35 EAST
APPROXIMATELY 230 WEST OF CENTRE PLACE BOULEVARD, AND LEGALLY
DESCRIBED AS TRACTS 311,334, 335 AND 336 OF THE A. HILL SURVEY AND LOTS 10
AND ! 1 OF THE INMAN ADDITION, WITHIN A DOWNTOWN COMMERCIAL GENERAL
(DC-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE. (Z03-0041)
WHEREAS, Premier Cinema Corporation has applied for a specific use permit for a movie
theater on an approximately 10.2 acres of land within a Downtown Commercial General (DC-G)
zoning district classification and use designation more particularly described in Exhibit "A" attached
hereto and made a part hereof by reference (the "Property"); and
WHEREAS, on February 25, 2004, the Planning and Zoning Commission recommended
approval of a specific use permit for a move theater; and
WHEREAS, the City Council finds that the specific use permit will be in compliance with
The Denton Plan Policies; and
WHEREAS, in accordance with Subchapter 6 of the Development Code of the Code of
Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions
exist:
That the movie theater will be compatible with and not injurious to the use and
enjoyment of other property nor significantly diminish or impair property values
within the immediate vicinity;
That the establishment of the movie theater will not impede the normal and orderly
development and improvement of surrounding property;
That adequate utilities, access roads, drainage, and other necessary supporting
facilities have been or will be provided;
That the design, location, and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian traffic
without adversely affecting the general public or adjacent developments;
That adequate nuisance prevention measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise, and vibration;
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That directional lighting will be provided so as not to disturb or adversely affect
neighboring properties;
That there is sufficient landscaping and screening to ensure harmony and
compatibility with adjacent property; 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.
SECTION 2. A specific use permit is hereby approved to allow a movie theater on the
Property within a Downtown Commercial General (DC-G) zoning district classification and use
designation, in accordance with the site plan on file in the offi6es of the City's Planning Department,
a copy of which is attached hereto and incorporated herein as Exhibit "B". Notwithstanding the
above real property description, the property being rezoned includes all property to the centerline of
all adjacent street rights-of-way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. 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.
SECTION 5. 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 ~,'~.~//~ay of ~~i ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
BY:HERBERT ~~/~ L. PRO~TORNEY
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EXHIBIT A
PROPERTY DESCRIPTION OF 10.136 ACRE TRACT
SITUATED in the City of Denton, Denton County, Texas, and in the Alexander Hill Survey,
Abstract Number 623 and being a part of a 19.33 acre tract of land as described in a deed from
Campus Park Denton, LTD., to Campus Park Denton II, LTD., recorded in Volume 4911, Page
1952, of the Real Property Records of Denton County, Texas, and being Lots 3, 4, and 5, Block A
of Denton Park 35 Addition, and addition to the City of Denton, Denton County, Texas, according
to the plat thereof recorded in Cabinet U, Page 418, Plat Records of Denton County, Texas, and
being more fully described as follows:
BEGINNING at a 5/8 inch iron md found at the Northeast corner of the said Lot 5 of Denton Park
35 Addition;
THENCE South 01 degrees 25 minutes 41 seconds East, with the East line of said Lot 5, passing
a % inch iron rod found at a distance 211.05 feet at the Southeast comer of said Lot 5 same
being Northeast corner of said Lot 3 and continuing with the East line said Lot 3 a total distance
of 257.78 feet to a % inch iron red sat with a blue plastic cap stamped =GEES INC." (hereinafter
referred to as a % inch iron rod set) for a corner;
THENCE South 01 degrees 22 minutes 11 seconds East, continuing with the East line of said Lot
3 a distance of 164.78 feet to a ½ inch iron rod found for a corner;
THENCE South 88 degrees 35 minutes 13 seconds West, with the South line of said Lots 3 and 4
a distance of 422.70 feet to a ½ inch iron rod sat for a comer at the Southwest corner of said Lot
4;
THENCE North 01 degrees 07 minutes 21 seconds West, with the West line of said Lot 4 a
distance of 176.38 feet to a ~ inch iron rod set for a comer;
THENCE North 89 degrees 52 minutes 48 seconds West, with the Southerly most South line of
said 19.33 acre tract and the North line of Lot 1, Block 1 of the ACI Addition, an addition to the
City of Denton, Texas, recorded in Cabinet L, Page 245, Plat Records of Denton County, Texas,
a distance of 149.11 feet to a 5/8 inch iron rod found at the Southeast comer of Lot 1, Block 1 of
Campus Housing Addition, an addition to the City of Denton, Texas, recorded in Cabinet R, Page
198, Plat Records of Denton County, Texas;
THENCE with East line of said Lot 1, Block 1 of Campus Housing Addition the following courses
and distances;
North 00 degrees 00 minutes 00 seconds West a distance of 107.30 feet to a ½ inch iron
rod set for a corner;
South 89 degrees 58 minutes 10 seconds West a distance of 123,55 feet to a ½ inch iron
rod set for a corner;
North 00 degrees 00 minutes 00 seconds West a distance of 138.82 feet to a ½ inch iron
rod set for a corner;
North 90 degrees 00 minutes 00 seconds East a distance of 127.67 feet to a ½ inch iron
rod set for a corner;
North 00 degrees 00 minutes 00 seconds West a distance of 81.00 feet to a ½ inch iron
rod set for a corner;
North 90 degrees 00 minutes 00 seconds West a distance of 80,17 feet to a t/~ inch iron
rod set for a corner;
North 00 degrees 00 minutes 00 seconds West a distance of 87.12 feet to a ~ inch iron
rod set for a corner;
North 90 degrees 00 minutes 00 seconds West a distance of 115.69 feet to a ~ inch iron
rod set for a corner;
North 00 degrees 00 minutes 00 seconds West a distance of 74.85 feet to a ~ inch iron
rod set for a corner;
North 89 degrees 29 minutes 58 seconds East a distance of 201.43 feet to a 5/8 inch iron
rod found for a comer;
North 00 degrees 03 minutes 54 seconds West a distance of 81.21 feet to a ~ inch iron
rod set for a corner;
North 89 degrees 26 minutes 45 seconds East a distance of 40.92 feet to a ½ inch iron
rod set for a corner;
North 00 degrees 33 minutes 31 seconds West a distance of 25.00 feet to a 5/8 inch iron
rod found for a comer in the North line of the said 19.33 acre tract, said iron rod also
being in the South line of a 27.120 acre tract of land as described in a deed recorded in
Volume 4430, Page 1273 of the Real Property Records, Denton County, Texas;
THENCE North 89 degrees 26 minutes 28 seconds East, with the North line of the said 19.33
acre tract and the South line of the said 27.120 acre tract a distance of 492.03 feet to ~ inch iron
rod set for a comer;
THENCE South 01 degrees 24 minutes 22 seconds East a distance of 346.74 feet to a ½ inch
iron rod set for a corner in the North line of Lot 5, Block A of Denton Park 35 Addition, an addition
to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet U, Page
418 of the Plat Records of Denton County, Texas;
THENCE North 88 degrees 27 minutes 33 seconds East, with the North line of said Lot 5 a
distance of 14.00 feet to the point of beginning and containing 10.136 acres of land more or less.
Bearing system is based on Campus Housing Addition, an addition to the City of Denton, Texas,
recorded in Cabinet R, Page 198, Plat Records of Denton County, Texas.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interest in real property except those
rights and interests implied or established by the creation or reconfiguretion of the boundary of
the political subdivision for which it was prepared.
Exhibit lB
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