The URL can be used to link to this page

Home My WebLink About1998-130F \shared\dept\LOL\Our Documents\Ordinances\98\Z 98 002 Ordinance doe ORDINANCE NO 9e-- !90 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION TO COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3 491 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF U S HIGHWAY 377 AND HAMILTON ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Lance Roberts has applied for a change in zoning for 3 491 acres of land from Agricultural (A) zoning district classification and use designation to Commercial (C) zoning district classification and use designation, and WHEREAS, on March 11, 1998, the Planning and Zoning Commission postponed consideration of the requested change in zoning until a neighborhood meeting was held to provide residents an opportunity to meet with the applicant, and WHEREAS, on March 31, 1998, a neighborhood meeting was held where thirteen (13) residents and the applicant along with his business partner were present, and WHEREAS, on April 8, 1998, the Planning and Zoning Commission recommended approval of a change in zoning from Agricultural (A) zoning district classification and use designation to 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 1988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning district classification and use designation of the 3 491 acre tract of land 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 1 That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B, and limit land uses permitted with a Specific Use Permit to those ordinarily permitted within a Commercial (C) zoning district with an approved Specific Use Permit 2 Floor -to -Area is limited to 5-to 1, translating into a maximum of 21,780 square feet of floor area per acre Exterior materials on all building facades facing public streets are restricted to masonry materials F \SHARED\DEPT\LGL\Our Documents\Ordmances\98\Z 98 002 Ordinance doe 4 All exterior storage is to be contained within a "sight obscuring" fence that is a mimmum of six (6) feet in height 5 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 6 A screen of a minimum of six (6) feet in height along the north and east property lines, facing residential areas, should be maintained within a ten (10) foot wide setback 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 1AM—day of // 6W , 1998 ATTEST, JENNIFER WALTERS, CITY SECRETARY " � .. : 4 I. II APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY e,44, 22,,Z- JACI [MILLER, MAYOR PAGE 2 Z�98-002 EXHIBIT A FIELD NOTES 3 491 ACRES BEING all that certain lot, tract, or parcel of land situated in the James Severe Survey Abstract Number 1164, Denton County, Texas, being a part of that certain (called) 4 013 acre tract of land conveyed by deed from James H Burge and wife, Jennie Belle Burge to Marvin F Calvert, recorded in Volume 577, Page 439, Deed Records, Denton County, Texas, and being more particularly described as follows BEGINNING at an iron rod found for corner in the east line of U S Highway Number 377, a public roadway, said point being the southwest corner of that certain tract of land conveyed by deed from C B Timmons to Paul S Berry, recorded in Volume 866,i Page 293, Deed Records, Denton County, Texas, THENCE S 890 59' 21" E, 494 91 feet with the south line of said Berry tract to a point for corner, THENCE S 270 30' 33" W, 338 78 feet to a point for corner in the north line of Hamilton Drive, a public roadway, THENCE S 88° 28' 46" W, 502 17 feet with said north line of said Hamilton Drive to an iron rod found for corner in said east line of said U S Highway Number 377, THENCE N 27° 31' 25" E, 353 96 feet with said east line of said U S Highway Number 377 to the PLACE OF BEGINNING and containing 3 491 acres of land EXHIBIT B Z-98-002 PERMITTED USES Primairy Residential Uses One Family Dwelling Restricted Community Unit Development Dormitory, Boarding or Rooming House Ed a IopH(, Institutional and Special Uses Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School 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 Utility Accessary and Incidental Uses Accessory Building Community Center (Private) Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Budding Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation Off Street Parking Incidental to Main Use Off Street Remote Parking Public Building, Shop, Yard of Local, State or Federal Government Private Swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant Page 1 of 3 EXHIBIT B Z-98-002 PERMITTED USES Recreational and Entertainment Uses Amusement, Commercial (Indoor) Country Club (Private) with Golf Course Public Golf Course Commercial Golf Course Public Park or Playground Public Play Field or Stadium Roller or Ice Skating Rink Stable, Private Club Stable, Commercial Rental Stable, Boarding Swim or Tennis Club Theater, Other than Drive-in Type Transportation Related Uses Airport Landing Field or Heliport Bus Station or Terminal Railroad Passenger Station Railroad Track or Right-of-way Railroad Team Track Commercial Parking Lot Commercial Parking Lot or Structure Automobile Services Uses New Auto Parts Sales Stores Tire Retreading or Capping Used Auto Parts Sales (In Building) Retail and Service Type Uses 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) Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service Page 2 of 3 EXHIBIT B Z-98-002 PERMITTED USES Retail and Service Tyna Uses (continued) Mimeograph, Stationary or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Restaurant Studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Agricultural Tyne Uses Animal Clinic, Hospital or Kennel (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Commerclal Tyne Uses Bakery (Wholesale) Upholstery Shop Clothing Manufacture or Light Compounding or Fabrication Contractors Shop Job Printing or Newspaper Printing Milk Depot, Dairy, or Ice Cream Plant Plumbing Shop Wholesale Office and Sample Room Page 3 of 3