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2002-026ORDINANCE NO. ,~ ~ ~,-~ - AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM AGRICULTURAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 7.5 ACRES OF LAND LOCATED AT NORTH EAST CORNER OF CRAWFORD ROAD AND INTERSTATE HIGHWAY 35W; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z01-0040) WHEREAS, Frank Babb, on behalf of Crawford Road Partners initiated a change in zoning for approximately 7.5 acres of land from Agricultural zoning district classification and use designation to General Retail with conditions zoning district classification and use designation; and WHEREAS, on November 14, 2001, the Planning and Zoning Commission concluded a public hearing as required by law and recommended approval of the requested change in zoning to General Retail (GR) with conditions zoning district; and WHEREAS, the City Council fmds that thc change in zoning is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of an approximate 7.5 acre property described in the legal description attached h~reto and incorporated herein as Exhibit A is changed from Agricultural (A) zoning district classification and use designation General Retail (GR) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following condition: A site plan shall be submitted for review and approval by the Planning and Zoning Commission prior to final plat approval. The site plan shall address those conditions set forth in 1 through 19 of Section 35-123 of the Code of Ordinances of the City of Denton as well as architectural design features. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. If any provision of this ordinance or thc 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. Page 1 of 4 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. 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 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 passag?. PASSED AND APPROVED this the ¢~~ dayof ~-J'ff~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT ~Y BY: - / / Page 2 of 4 EXHIBIT "A" CRAWFORD ROAD 2.84 ACRES FIELD NOTES to all that certain tract of land situated in the E. Pizano Survey, Abstract Number 994, in the City of Denton, Denton County, Texas, and being part of the called 10.258 acre tract described in the from William L. Gravley et ux to L.E. Moorman recorded in Volume 325, Page 116, of the Deed Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Northwest corner of the tract being described herein at a 6-inch metal fence corner post at the occupied Northeast corner of said Moorman Tract; THENCE South 00 Degrees 37 Minutes 35 Seconds West with the East line thereof, generally along a fence a distance of 458.89 feet to a 1/2" iron rod found for the Northeast corner of a called 0.378 acre tract described in the Deed from Leslie B. Moorman to Mary Alice Moorman recorded in Volume 924, Page 890, Deed Records, Denton County, Texas; THENCE North 88 Degrees 57 Minutes 53 Seconds West with the North line of said 0.378 acre tract a distance of 92.56 feet to a 1/2" iron rod found for the Northwest corner of said 0.378 acre tract; THENCE South 01 Degrees 18 Minutes 12 Seconds West with the West line thereof at 149.73 feet passing a 1/2" iron rod found on the North side of Crawford Road and continuing along said course, in all, a total distance of 175.00 feet to the Southwest corner of said 0.378 acre tract in the South line of said 10.258 acre tract in the middle of said road in the apparent South line of said Survey; THENCE North 89 Degrees 14 Minutes 10 Seconds West with said South line in said road a distance of 307.76 feet to a PK Nail Set; THENCE North 30 Degrees 27 Minutes 35 Seconds East a distance of 731.13 feet to a 1/2" capped iron rod set for the Northwest corner of the tract being described herein; THENCE South 86 Degrees 46 Minutes 04 Seconds East with said North line, generally along a fence, a distance of 38.70 feet to the PLACE OF BEGINNING and enclosing 2.84 acres of land more or less. Page 3 of 4 CRAWFORD ROAD 4.757 ACRES FIELD NOTES to all that certain tract of land situated in the E. Pizano Survey, ~kbstract Number 994, in the City of Denton, Denton County, Texas, and being part of the called 10.258 acre tract described in the from William L. Gravley et ux to L.E. Moorman recorded in Volume 325, Page 116, of the Deed Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Southerly Southwest corner of the tract being described herein at 1/2" iron rod found in the middle of an asphalt road posted as Crawford Road and the East right-of-way line of Interstate Highway 35 in the apparent South line of said Survey THENCE North 01 Degrees 14 Minutes 10 Seconds East with said Highway a distance of 19.93 feet to a concrete right-of-way monument for a flair in said highway; THENCE North 16 Degrees 31 Minutes 38 Seconds West with said flair a distance of 71.50 feet to a 1/2" iron rod found near a broken concrete right-of-way monument for a corner in said highway; THENCE North 30 Degrees 27 Minutes 35 Seconds East with said highway a distance of 645.49 feet to a broken concrete right-of- way monument in the North line of said 10.258 acre tract; THENCE South 86 Degrees 46 Minutes 04 Seconds East with said North line, generally along a fence, a distance of 320.51 feet to a 1/2" capped iron rod set for the Northeast corner of the tract being described herein; THENCE South 30 Degrees 27 Minutes 35 Seconds West a distance of 731.13 feet to a PK Nail Set in the middle of said Crawford Road and in the South line of said 10.258 acre tract for the Southeast corner of the tract being described herein; THENCE North 89 Degrees 14 Minutes 10 Seconds West with said South line in said road a distance of 256.70 feet to the PLACE OF BEGINNING and enclosing 4.757 acres of land more or less. 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