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Home My WebLink About1999-276\\CH-LGL\VOLI\shared\dept\LGL\Our Documents\0rdinances\99\Z-99 042 doe ORDINANCE NO 7 -A f AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL CONDITIONED [C(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 237 ACRES OF LAND LOCATED AT 3840 N ELM STREET ON THE SOUTHEAST CORNER OF N LOCUST ROAD (HWY 77) AND RINEY ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-042) WHEREAS, Khosrow and Amy Sadeghian, the owners of the subject property, have applied for a change in zoning for 1 237 acres of land from Agricultural (A) zoning district classification and use designation to Commercial Conditioned [C(c)] zoning district classification and use designation, and WHEREAS, on July 14, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning with conditions, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the zoning district classification and use designation of the 1 237 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Agricultural (A) zoning district classification and use designation to Commercial Conditioned [C(c)] zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions A That the permitted land uses include those described in the list attached hereto and incorporated herein by reference as Exhibit B B Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky C The total floor area shall be limited to no more than 8,000 square feet D The maximum height shall be two stones E That exterior materials used for any building elevation (wall) shall be masonry, excluding doors and windows F No development shall begin and no building permit shall be issued for any land within this district until a site plan has been approved by the City Council for such land SECTION 2 That the City's official zoning map is amended to show the change in zoning district classification F \SHARED\D$PMGL\Our Documents\0rdmances\99\Z 99A42 doe SEQTION 3 That any person violating any provision of this ordinance shall, upon convict>ony 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 4 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-Chmmcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage, �L PASSED AND APPROVED this the � day of L 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 LEGAL DESCRIPTION EXHIBIT "A" All that certain tract or parcel of land situated in the If 11. Meisenheimer Survey, Abst. 810, Denton County. Texas, being part of a tract described In a deed iron Mary Olive Mason to R. 0. Rich on June 29, 1955 and recorded in Vol411, Page 233. Deed Records of said County, a.d being more particularly described as follows: BEGINNING at the Hest corner of said tract on the Nnrth line of said Survey, in blic road; 1,.�KE S. 070 27' E. with said Survey line in said road 414.49 feet to a steel pin; THENCE S. 46° 52' 30" E. along and near a fence 85.20 feet to a fence corner; THENCE S. 370 42' N. with said fence 200.2 feet to a fence corner on the Northerly right-of-way of U.S. highway 377; THENCE N. 56° 24' N. with said right-of-way along and near a fence 424.01 feet to the Place of Beginning, containing in all 1.237 acres of land, MARE QR LESS. EXHIBIT B "C" COMMERCIAL DISTRICT PERMITTED USES (Z-99.042) NO 50, • - Min• - Art Galls r or Museum Cemete or Mausoleum Church or Recto Colle a or University or Private School Communi Center Public Day Cam Day Nursery or Kindergarten School Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hos ital General Acute Care Hos itai Chronic Care Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade it I I Accesso Building Communit Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Butldin Ins Fire Station or Similar Public actor Safe Buldin Gas Transmission Line and Metering Station Home COanon Off Street Parkin Incidental to Main Use Off Street Remote Parkin Public Building, Shop, Yard of Local, State or Federal Govt Radio and/or Television Microwave Tower Sew a a Pum in Station Private Swimmin Pool Telephone, Business office Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Permitted Uses, Page 1 of 3 "C" COMMERCIAL DISTRICT PERMITTED USES (Z-99.042) f Anti ue Sho Bake or Confectione ShopRetail Cafeteria Cleanin and PressingSmall Shopand Pickup Custom Personal Service Shop Drapery,,, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nurse Retail Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service Mimeo ra h, Stationary or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Studio for Photo ra her, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale w•i. i�'NIA 4 • 1'1 • 1 1� 1 1" Farm or Ranch Greenhouse or Plant Nursery Permitted Uses, Page 2 of 3 "C" COMMERCIAL DISTRICT PERMITTED USES (Z-99-042) NZ I k : era ity •• or • .g Permitted Uses, Page 3 of 3