2001-059AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDiNG FOR A ZONING
CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO COMMERCIAL (C) WITH CONDITIONS ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 086 ACRES OF
LAND LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35 EAST SERVICE
ROAD AND POCKRUS PAGE ROAD, PROVIDING A ZONING PLAN ENCOMPASSING 3 086
ACRES, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR
VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE (ZP-00-018)
WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-69 whmh
estabhshes certain nonresldentml lntenm regulations (the "Non-residential Regulations"), and
WHEREAS, the Non-Resldentml Interim Regulations estabhshed, among other th~ngs, a
zomng plan reqmrement ~n the event of a request to rezone property, and
WHEREAS, Don Anderson, m behalf of Ahce Pockrus, ~mtmted a change m zoning for
3 086 acres of land from Agricultural (A) zomng district classification and use designation to
Commercial (C) with conditions zoning thstnct classification and use designation, and
WHEREAS, on January 10, 2001, the Planning and Zomng Commiss~on concluded a pubhc
heanng as required by law, afier which a motion to recommend approval of the requested change in
zoning was approved with conditions, and
WHEREAS, the City Counml finds that the Zomng Plan, with the condat~ons imposed here~n,
if any, meets the mqmrements of the Non-residential Interim Regulations and is consistent with the
1999-2020 Denton Comprehensive Plan, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
S]3CTION 1 The zomng thstnct classffication and use designation ofthe 3 089 acre property
described,in the legal description attached hereto and incorporated here~n as Exlub~t A ~s changed
from Agricultural (A) zomng district classfficatlon and use designation to Commercial (C) with
conditions chstnct classfficat~on and use designation and the Zoning Plan attached hereto and
~ncorporated herein as Exhibit B is hereby approved, subject to the following conditions
1 No exterior audio or speaker system shall be allowed on the premises of the site
2 L~ghtmg shall be designed and maintained so as not to shine on or disturb surrounding
residential property or to shine and project upward to prevent diffusion ~n to the night sky
Page 1 of 2
3 The project plan for the sub. lect property shall provide for tree preservation on the property
to the fullest extent possible which will include mlmm~zat~on of grading and cleanng of the
site to protect the existing trees
SECTION 2 The Clty's official zomng map is amended to show the change in zomng
dlsmct classification
SECTION 3 If any prows~on of this ordinance or the application thereof to any person or
circumstance ~s held invalid by any court, such mvahdlty shall not affect the vahd~ty of other
provisions or apphcat~ons, and to flus end the prowslons of this ordinance are severable
SECTION 4 Any person violating any provision ofthls ordinance shall, upon conviction, be
fined a sum not exceeding $2,000 00 Each day that a provision of flus ordinance as violated shall
constitute a separate and distinct offense
SECTION 5 That flus ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary ~s hereby directed to cause the caption of flus ordinance to be
published twice m the Denton Record-Chromcle, a daily newspaper published in the C~ty of Denton,
Texas, w~flun ten (10) days of the date of~ts passage
PASSED AND APPROVED flus the ~rt~ dayof ~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
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EXHIBIT A
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN
THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON,
DENTON COUNTY, TEXAS, BEING PART OF A TRACT DESCRIBED IN A DEED TO
H W POCKRUS, ET UX, RECORDED IN VOLUME 314, PAGE 183, DEED RECORDS
DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 0 62 ACRE TRACT
DESCRIBED IN A DEED TO HW POCKRUS, ET UX, RECORDED IN VOLUME 358,
PAGE 505, DEED RECORDS DENTON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING AT A 72 INCH IRON ROD FOUND AT THE INTERSECTION OF THE
SOUTHEAST LINE OF SAID 0 62 ACRE TRACT WITH THE NORTHEAST RIGHT-OF-
WAY LINE OF INTERSTATE HIGHWAY 35E, SAID ROD BEING THE NORTHWEST
CORNER OF A TRACT DESCRIBED IN A DEED TO A E WYATT, RECORDED IN
VOLUME 2304, PAGE 418, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE NORTH 48 DEGREES 21 MINUTES 10 SECONDS WEST, WITH SAID RIGHT-
OF-WAY, A DISTANCE OF 530 53 FEET TO A 'A INCH IRON ROD FOUND FOR
CORNER AT THE INTERSECTION OF THE NORTHEAST RIGHT-OF-WAY LINE OF
INTERSTATE HIGHWAY 35E AND THE SOUTH LINE OF POCKRUS PAGE ROAD
THENCE NORTH 43 DEGREES 11 MINUTES 27 SECONDS EAST, A DISTANCE OF 73 95
FEET TO A FENCE CORNER POST FOUND FOR CORNER
THENCE SOUTH 85 DEGREES 47 MINUTES 26 SECONDS EAST WITH THE SOUTH
LINE OF POCKRUS PAGE ROAD, A DISTANCE OF 567 43 FEET TO A FENCE CORNER
POST FOUND FOR CORNER AT THE NORTHERNMOST NORTHWEST CORNER OF A
TRACT DESCRIBED IN A DEED TO ENDERBY GAS, INC , RECORDED IN VOLUME
759, PAGE 433, DEED RECORDS DENTON COUNTY, TEXAS
THENCE SOUTH 41 DEGREES 36 MINUTES 11 SECONDS WEST, WITH THE
NORTHWEST LINE OF SAID ENDERBY GAS TRACT, A DISTANCE OF 147 80 FEET TO
A FENCE CORNER POST FOUND FOR CORNER AT THE NORTHERNMOST
NORTHEAST CORNER OF SAID 0 62 ACRE TRACT BEING THE WESTERNMOST
SOUTHWEST CORNER OF SAID ENDERBY GAS TRACT
THENCE SOUTH 61 DEGREES 02 MINUTES 47 SECONDS EAST, WITH THE
NORTHEAST LINE OF SAID 0 62 ACRE TRACT AND THE SOUTHWEST LINE OF SAID
ENDERBY GAS TRACT, A DISTANCE OF 90 43 FEET TO A 1/2 INCH IRON ROD FOUND
AT THE SOUTHEAST CORNER OF SAID 0 62 ACRE TRACT WHICH IS THE
NORTHERNMOST NORTHEAST CORNER OF SAID A E WYATT TRACT
THENCE SOUTH 43 DEGREES 41 MINUTES 02 SECONDS WEST, WITH THE
SOUTHEAST LINE OF SAID 0 62 ACRE TRACT AND THE NORTHWEST LINE OF SAID
A E WYATT TRACT, A DISTANCE OF 291 13 FEET TO THE POINT OF BEGINNING
AND CONTAINING IN ALL 3 086 ACRES OF LAND