1999-171 ORDIN* CE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO GENERAL RETAIL WITH CONDITIONS (GR(C)) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 2 093 ACRES OF LAND LOCATED IN
THE GIDEON WALKER SURVEY (ABSTRACT A-1330) NORTH SIDE OF INTERSTATE
HIGHWAY 35 EAST SERVICE ROAD, APPROXIMATELY 500 FEET SOUTH OF
POCKRUS PAGE ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE
DATE (Z-99-018)
WHEREAS, Wllham E Mott, on behalf of A E Wyatt and Charles Holbert, has applied
for a change m zomng for 2 093 acres of land from Agricultural (A) zoning dlsmct classification
and use designation to General Retml with Conditions (GR(c)) zoning dlsmct classification and
use designation, and
WHEREAS, on April 14, 1999, the Plannmg and Zoning Commission recommended
approval of the requested change in zomng, and
WHEREAS, the City Council finds that the change in zomng will be in compliance with
the 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the zoning dxstnct classification and use designation of the 2 093 acre
property dascnbed in the legal description attached hereto and lncoxporated herein as Exhibit
"A" is changed from an Agricultural (A) zonmg district classification and use designation to
General Retail with Conditions (GR(e)) zoning dlsmct classification and use designation under
the comprehensive zomng ordmanee of the City of Denton, Texas, subject to the following
conditions
1 Lighting on the property shall be designed and mamtaned so as not to shme on or
otherwise d~sturb, surrounding residential property or to shine and project upward to
prevent the diffusion into the mght sky
2 Limit lot coverage to twenty-five (25%) in order to mitigate traffic impacts to the area
3 A masonry front facade excluding windows and doors
4 Only uses permitted are
a Day Nursery or Kindergarten School
b Accessory Building
c Temporary Field or Construction Office (subject to approval and control by
Bmldmg Inspector)
d Auto Sales and Repair (In Building)
e New Auto Parts Sales Store
f Antique Shop
g Florist or Garden Shop
h Greenhouse or Plant Nursery (Retml)
Offices, Profesmonal and Adm~mstrat~ve
Retml Stores and Shops - 4,000 square feet or less
k Retml Stores and Shops - Over 4,000 square feet
1 Studio for Photographer, Musm~an, Artist, or Health
m Animal Chine or Hospital (no oumde hms or pens)
5 S~te Plan must be approved by Oty Council (but no pubhc heanng ~s reqmred for th~s
review)
~_E~Q!I_QJ~I~ That the Oty's officml zomng map ~s amended to show the change in
zomng district classification
~ That any person wolatmg any prowmon of thts ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provis~on of thru ordinance
~s molated shall constttute a separate and distract offense
~ That th~s ordinance shall become effective fourteen (14) days from the
date of l~s passage, and the Oty Secretary is hereby directed to cause the caption of tins
ordinance to be pubhshed twine m the Denton Record-Chromcle, a dmly newspaper pubhshed ~n
the C~ty of Denton, Texas, w~thln ten (10) days of the. date of its passage
PASSED AND APPROVED this the/9 -~ day of ~ ,1999
J~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
EXHIBIT A
FIELD NO TES
2 09J ACRES
BEING all that certain lot, tract or parcel of land sttuated ¢n
the Gtdeon Walker Survey, AbstractNumber l J JO, tn the Ctty of
Denton, Denton County, Texas, betng a part of that certatn tract
of land conveyed by deed from Ho/bert-Wyatt Volkswagon, /nc to
A L Wyatt and Charles Halbert recorded ¢n Volume 2304, Page
418, Real Property Records, Denton County, Texas, and being more
parttcularly described as follows
BEGINNING at atron rod found for corner in the northeast hne
of Interstate Htghway Number 35-E a pubhc roadway havtng a
rtght-of-way of 300 0 feet, satd potntbetn(~7 the most westerly
corner of Lot 1, Block I of Nahonwtde Houstng Addttton, an
addthon to the Ctty of Denton, Denton County, Texas according
to the plat thereof recorded In Cabinet P, Page 277, Plat
Records, Denton County, Texas,
THENCE N 49 57' 00" W, 28188 feet wtth said northeast fine of
sa¢d Interstate Htghway to an Iron rod found for corner, satd
po¢nt being the most southerly corner of that certain tract of
land conveyed by deed from Glen W Woodford and wlfe, Estella
Woodford to H W Pockrus and wife, Ahce Pockrus recorded tn
Volume 358, Page 505, Deed Records, Denton County, Texas,
THENCE N 42 09' 17" E, 29115 feet w~th the southeast fine of
satd Pockrus tract to an Iron rod found for corner tn the
southwest hne of that certain tract of land conveyed by deed
from Lonestar Gas Company to Enderby Gas, Inc recorded ~n
Volume 759, Page 433, Deed Records, Denton County, Texas,
THENCE S 62 50' 35" E, 29162 feet with said southwest hne of
said Enderby Gas tract to an ~ron rod foUnd for corner, sa~d
point being the most northerly corner of sald Lot 1,
THENCE S 42 09,""17" W, 35627 ~et with the northwest fine of
said Lot I to the PLACE OF BEGINNING and containing 2 093 acres
of land