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HomeMy WebLinkAbout1998-099L 98 006 ORDINANCE NO q _y / / AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL, CONDITIONED, (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 17 46 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF HIGHWAY 77 BETWEEN LOOP 288 AND INTERSTATE 35, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Coleman and Associates Surveying, on behalf of Baruch Properties, initiated a change in zoning for 17 44 acres of land from the Agricultural (A) zoning district classification and use designation to the Light Industrial (LI) zoning district classification and use designation, and WHEREAS, on February 25, 1998, the Planning and Zoning Commission recommended approval of a change from the Agricultural (A) zoning district classification and use designation to the Commercial, conditioned (C[c]) zoning district classification and use designation, and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning district classification and use designation of the 17 46 acres of land described in Exhibits A and B, attached hereto and incorporated by reference herein, is changed from the Agricultural (A) zoning district classification and use designation to the 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 1 The building line along the Highway 77 frontage and the western property line shall be fifty (50) feet 2 A landscaped area no less than thirty (30) feet from the property line along Highway 77 and the western property line shall be maintained 3 A landscaped buffer yard of twenty (20) feet shall be maintained along the southern property line, within which no less than one (1) canopy tree and two (2) understory trees shall be maintained for every seventy-five (75) lineal feet of boundary 4 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 5 At least fifty (50%) percent of any building fagade that is principally oriented to face Highway 77 or the western boundary of the property shall be non-metal materials 6 No truck bays shall open on the fagade oriented toward Highway 77 SECTION II That the City's official zoning map is amended to show the change in zoning district classification SECTION III 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 IV 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 passage PASSED AND APPROVED this the 74 day of , 1998 JACtMILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY EY Oavi APP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY F \shared\dept\LGL\Our Documents\Ordinances\98\Z 98 006 doc Exhibit "A" I,{ 1 { I I I r� - ExhibLt ;,'B" , t , 1 TRACT 2 FIELD NOTES to all that certain tract of land situated in the A. White Survey Abstract Number 1406, Denton CountysTexas and being a part of the called 141.293 acre tract described in the deed to John ,Portet from James Hudson recorded in volume 958 page 925 of the Deed Records of Denton County,Taxas) the subject tract being more paiticularly described as followst BEGINNING for the Southwest Corner of the tract being described herein, an iron rod found at a fence corner in the called South line of time said A. White Survey and being the Southwest Corner of the said Porter Tracts THENCE Worth O,Degress 19 Minutes lZ Saconda East with the iieit dine of the said Porter Tract and along a fence a distance of 974.64 feet to a fence corner in the occupied Southwest right-of-way of U.S.Bueiness Route 771 T11VNCE South 58 Degrees 25 Minutes 10 Seconds East with the said right-of-waY a distance of 333.86 feet to a right-of-way monument at an angle point thereins THENCE South.58 Degrees 05 Minutes,04,80conde East with the said right-of-way a distance of 1193.23 feet to an iron rod set in the East line of the said Porter Tractl TIiENCE South 0 Degrees 25 Minutes 59 Seconds West with the East line of the said Porter 'Tract an¢ along p feaoe a distaAce,of 5.V9119 feet to i fence corner post in the called South line of the said White Survey for the Southeast Corner of time said Porter Tractl THENCE North 89 Degrees 11 Minutes 14 Seconds West with the South line of tine said Porter Tract a distance of 1318.53 feet to the PLACE pF BEGINNING and enclosing 17.46 acres of land.