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HomeMy WebLinkAbout1999-386\\CH LGL\VOLT\shared\dept\LGL\Our Documents\0rdinances\99V 99 043 doe ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL CONDITIONED [LI(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5 0 ACRES OF LAND LOCATED ON THE NORTH SIDE OF MINGO ROAD, BETWEEN LOOP 288 AND COOPER CREEK ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-043) WHEREAS, Greg Edwards of Greg Edwards Engineering Services, Inc, on behalf of Dr Ed Wolski, has applied for a change in zoning for 5 0 acres of land from Agriculture (A) zoning district classification and use designation to Light Industrial Conditioned [LI(c)] zoning district classification and use designation, and WHEREAS, on July 14, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the zoning district classification and use designation of the 5 0 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed f$om Agriculture (A) zoning district classification and use designation to Light Industrial Conditioned [LI(c)] zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions That penmtted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B 2 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 A buffer yard along the western and northern boundaries that is at least fifteen (15) feet wide with one canopy tree per every twenty (20) feet of buffer yard and with 15 understory trees (rounded to the next highest whole number) for every canopy tree 4 All establishments falling within the following Standard Industrial Classification (SIC) Major Groups, as identified in the Standard Industrial Classification Manual (OMB, 1987), are specifically prohibited F \shared\dept\LOL\Our Documents\Ordinances\99\Z 99 043 doc a Major Group 20, Manufacturing of Food and Kindred Products, b Major Group 21, Manufacturing of Tobacco Products, c Major Group 22, Manufacturing of Textile Mill Products, d Major Group 26, Manufacturing of Paper and Allied Products, e Major Group 27, Printing, Publishing and Allied Industries, f Major Group 28, Manufacturing of Chemicals and Allied Products, g Major Group 29, Petroleum Refining and Related Industries, h Major Group 31, Manufacturing of Leather and Leather Products, 1 Major Group 32, Manufacturing of Stone, Clay, Glass and Concrete Products, J Major Group 33, Primary Metal Industries, k Major Group 37, Manufacturing of Transportation Equipment, and 1 Major Group 39, Miscellaneous Manufacturing Industries Elevations, excluding window and door openings, that face Mingo Road shall be comprised of a minimum of 75% brick or stone materials No loading bays or loading docks shall face Mingo Road 4 No parking shall be allowed in the front yard of the lot SUCTION 2 That the Ctty's official zoning map is amended to show the change in zoning district classification SECTION 3 That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION 4 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the 6 day of lSL/iL ik 11999 JACK I ER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY ��A�w , " � JJAn Page 2 \\CH LGL\VOLI\shamd\dept\LGL\Our Documents\0rdinances\99\Z 99 043 doc APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 MAY26,1994 EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE S WILLIAMS SIJRVEYABSTRACT 1279, DENTON COUNTY, TEXAS AND BEING PART OF A CALLED 160 603 ACRE TRACT, AS DESCRIBED IN A DEED FROM ELECTRONIC DATA SYSTEMS CORPORATION TO EDWARD F. WOLSKI, M D.dlWa MA PROPERTIES, RECORDED IN COUNTY CLERK'S INSTRUMENT NUMBER 98-R0043774, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT A FENCE CORNER POST AT THE SOUTHWEST CORNER OF THE COOPER CREEK UNITED METHODIST CHURCH TRACT, BEING RECORDED IN VOLUME 93 PAGE 96, DEED RECORDS, DENTON COUNTY, TEXAS, THENCE SOUTH 99 WOREE$ 3Q MINL.JTF$11$Ir¢QNPS WEST, ALONG AND NEAR A FENCE AND WITH NORTH RIGHT -Or -WAY OF MINGO ROAD, A DISTANCE OF 30158 FEET TO THE POINT OF BEGINNING OF THE HEREIN PESCRIBEp TRACT, THENCE SOUTH 69 DEGREES 30 MINUTES 11 SECONDS WEST, ALONG AND NEAR A FENCE AND WITH THE NORTH RI9HTOF-WAY OF MINOO ROAD, A DISTANCE OF 299.29 FEET TO ACORNER, THENCE NORTH 11 DEGREES 31 MINVWS;7 SECONDS WEST, A DISTANCE OF 794 22 FEET TO A CORNER. THENNGE SOUTH all DEGREES 31 MINUTES 08 SECONDS FAST, A DISTANCE OF 303 41 FEETTOA CORNER, FEET iEO 1 H8 POIN TOF BEIINNIN AN471TAININQ N A44T$ 4 0 ACRES QFFLAND e nus �Sjght Tudust ial DIstriot- r - EXHIBIT B une Family welling Restricted Hotel or Motel Art Gallery or Museum Church or Rectory College or university or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Group Homes Home for Care of Alcoholic, Narcotic Hospital (General Acute Care) Hospital (Chronic Care) or Psychiatric Patients Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Public Community Center chool, Private Primary or Secondary jchool, Public or Denominational School, Business or Trade Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and control by,Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station 'Off I Private Utility Shop or Storage Yard Public Building, Shop, Yard of Local, State, or Federal Government r Private Swimming Pool Telephone, Business office Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station,or Well Amusement, Commercial (outdoor) %musement, Commercial (Indoor) Country Club (Private) with Golf Course Dance Hall or Night Club i, woo Public Golf Course Commercial Golf Course .Public Park or Playground Public Play field or Stadium Roller or Ice Skating Rink swim or Tennis Club Theater, Other than Drive-in Type Airport Landing Field or Heliport .Bus Station or Terminal Hauling or Storage Company Motor Freight Terminal Railroad Freight Terminal Railroad Passenger Station Railroad Track or Right -of -Way Railroad Team Track Commercial barking Lot or Structure Auto Laundry Auto Painting and Body Repair Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Bales Stores slew•or-Used Car Sales Lot (In open) Seat Cover and Muffler Installation Shop Used Auto Parts Sales (In Building) Antique Shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) 'ILT" Light �Axistrial ni striat (aontit ,9AI r' licraft Shop .,usehold Appliance Service and Repair Laundry or Craning self Service Mimeograph, Stationery or Letter Shop Mortuary or Fpner43, Parlor .> Offices, Professional. and'Adminis'trative Off Premise Sale of Beer and/o`r Wine On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant Retail Stores and Shops - 4,000 square feet Retail stores and Shops - over 4,00o square Studio for Photographer, Musician, Artist o Tool or Trailer or less feet r Health Animal Clinic or Hospital (no outside runs or Farm or Ranch Greenhouse or Plant Nursery Bakery (Wholesale) Building Material Sales Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor Repairing �wi.si+w. Heavy Machinery Sales and Storaga Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy, or Ice Cream Plant Paint Shop Petroleum Products, Storage - Wholesale Plumbing Shop Scientific or Research Laboratories storage or Sales Warehouse Transfer, Storage and Baggage Terminal Wholesale office and Sample Room _ 3�3 nLTn Mellht r1dustr a Da strict (cant, Light ranufapturin r Industrial Uses which meet the performance cannt asZasssar�ea by Article 13, 18A, 1 through 7. r Fraternity, sorority, Lodge or Civic club dkieVEOW a Floor/Area Ratio 2:1 Maximum YARD REO•IT{EMENTfi: „ Front Yard: Minimum 25 feet Side Yard: No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary line dividing such districts from a residential district or when the side yard is adjacent to the street, in which event a ten (10) foot side yard shall be provided. 10. 01=11 Mobt nhuatriai n� e<tr� at taontit._ �$i_ r ! r Yard:' No rear year is spec#fied for non-residential use except where retail, commercial or industrial uses back upon a ca ton district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall, be provided.: , To any legal height not prohibited by other laws or ordinances. In the districts where the height of buildings is restricted to two (2) or three (3) stories, cooling towers, roof gables, chimneys and vent stacks may extend for additional height not to exceed forty-five the building. Water(stand pipfeet esoand ve �tanks,r church steeplesade line , domes and spires, and school buildings antois institutional buildings may be erected to exceed three (3) n height in residential areas restricted to twoor three 3 (2) ( ) stories in height, provided thatone additional foot ear yards shall be added to each fo t that e such struct es exceedh and dof e and r three (3 ) stories in height. IPPLEMENTAL RE(;IIL•• IONS a 1. Parking (Based on use. see Article 34-115. 2. signs 3. Lighting 4. Landscaping S. screening & Fencing s w , ' f/l X -_ r