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HomeMy WebLinkAbout1996-002Z-95-036 NOTE Amended by Ordinance No 98-440 ORDINANCE NO 'Co AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 031 ACRES OF LAND LOCATED ON THE NORTH SIDE OF US HIGHWAY 380, APPROXIMATELY 240 FEET WEST OF COOPER CREEK ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Dan Pettus and Rita Harmon have applied for a change in zoning for 1 031 acres of land from the General Retail zoning district classification and use designation to the Commercial conditioned (C[c]) zoning district classification and use designa- tion, and WHEREAS, on December 13, 1995, the Planning and Zoning Commis- sion 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 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 1 031 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the General Retail (GR) zoning district classifica- tion and use designation to the Commercial conditioned (C[c]) zoning district classification and use designation under the comp- rehensive zoning ordinance of the City of Denton, Texas, subject to the following additional condition In addition to the uses prohibited within the General Retail zoning district and use classification, all uses shown on Exhibit 2, attached hereto and incorporated herein by reference, are prohibited 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 four- teen (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�)U�' day of 1996 ATTEST JENNIFER WALTERS, CITY SECRETARY e Q BYED n APP O AS TO LEGAL FORM PAGE 2 FIELD NOTES to all that certain tract of land in the City of Denton, and being situated in the M E P & P Railroad Company Survey, Abstract Number 1469, Denton County, Texas and being all of that certain tract described in the deed from Thomas Lee Scott at ux to Carroll W Godwin at al recorded in Volume 1689 Page 941 of the Real Property Records of Denton County, Texas, and being all of the called Tract I and Tract II described in the Substitute Trustee's Deed recorded under Cleric's File No 93-R0028450 of the Real Property Records of Denton County, Texas, as recognized and occupied on the ground, the subject tract being more particularly described as follows BEGINNING for the Southwest Comer of the tract being described herein at a capped iron rod set for the Southwest Corner of said Godwin tract in the North right-of-way line of East University (U S Hwy 380), THENCE North 01 Degrees 03 Minutes 25 Seconds West with the occupied West line of said tract, generally along a fence a distance of 227 97 feet to a 1 /2" iron rod found for the Northwest Comer of said Godwin tract, THENCE North 83 Degrees 49 Minutes 42 Seconds East with the North line thereof, generally along a fence at a distance of 70 00 feet passing a capped iron rod set at a fence comer post for the Northeast Comer of said Godwin tract, same being the Northwest Comer of said Tract II and continuing along said course, in all, a total distance of 210 21 feet to an iron pipe found for the Northeast Comer of said Tract I, same being the Northwest Comer of the called 0 494 acre tract described in the deed to Raymond W Booze, Jr at ux recorded in Volume 1128 Page 969 of said Deed Records, THENCE South 00 Degrees 51 Minutes 42 Seconds West with the East line of said Tract I a distance of 209 96 feet to a 11/2" iron pipe found for the Southeast Comer thereof, in the North line of said highway, THENCE South 78 Degrees 47 Minutes 40 Seconds West with said North line and the South line of said Tract 1 and II a distance of 138 89 feet to a 1/2" iron rod found for the Southeast Comer of said Godwin tract, THENCE South 78 Degrees 14 Minutes 35 Seconds West with the South line thereof a distance of 66 79 feet to the PLACE OF BEGINNING and enclosing 1 031 acres of land List of Prohibited Uses Z-95-036 Dance Hall or Night Club Rodeo Grounds Sexually Oriented Business Truck Parking Lot Tire Retreading or Capping Licensed Private Club Secondhand Store, Used Furniture or Rummage Sale (outside of building(s)) Contractors Shop & Storage Yard Engine land Motor Repair (as primary use, allowed as accessory use with vehicle sales business) Heavy Machinery Sales and Storage C WMWW5MMn 9"53E ORDINANCE NO qJ-. V AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CURRENT OFFICE CONDITIONED [O(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, BY REPEALING THE EXISTING CONDITIONS AND ADDING NEW CONDITIONS ON 155 ACRES OF LAND AT 1413 E MCKINNEY, LOCATED ON THE NORTH SIDE OF MCKINNEY STREET APPROXIMATELY 96 FEET EAST OF HETTIE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Nancy Jessee, property owner, has applied for a change in zoning for 155 acres of land to alter the existing conditions on the current Office Conditioned [O(c)] zoning, and WHEREAS, on November 11, 1998, 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 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 155 acre property described in the legal description attached hereto and incorporated herein as Exhibit A remains Office Conditioned [O(c)] under the comprehensive zoning ordinance of the City of Denton, but the existing conditions are repealed and the following conditions are added 1 Use of any structure is limited to offices, professional or administrative 2 Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky 3 The maximum height of any structure shall not exceed two and a half (2 5) stones 4 The maximum floor area of the office is limited to 3500 square feet 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 Ordinance No 96-002, as amended, shall remain in full face and effect, save and except as amended by this ordinance %CH LGLwoLJ%SH 0XDE ILLGLOm W MMMwNm W9U 98 osatl SECTION V 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 ��J� day of 19-k ATTEST JENNIFER WALTERS, CITY SECRETARY I APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY A sf 'i ' c ,'. JACK4WLER, MAYOR PAGE 2 FA 1413 EAST MCKINNEY STREET FIELD NOTES to all that corldin tract of land situated In the City of Denton Denton County, Texas and being referred to as the East 50 of Lot 1 nn Bloch 12 of College View Addition an addition in the City of Denton according to the Plat thereof recorded in Volume 318 Page 4 of the Deed Records of Denton County Texas the subject tract being more particularly desLnbed as follows BEGINNING for the Southeast Corner of the tract being described herein at a capped Iron rod set for the Southeast Corner of said Lot 1 in the West line of a platted 20 foot alley and the North line of East McKinney Street, THENCE North 88 Degious 30 Minutes 00 Seconds West with the South line of said Lot 1 along said Street a distance of 50 01 feel to a capped lion rod set for the Southwest Corner of the herein described tract THENCE North 00 Degrees 04 Minules 18 Seconds East severing said Lot 1 a distance of 134 81 feet to a capped iron rod set for the Northwest Corner of the herein described tract in the North line of said Lot 1, TLJCKIPC C.... U, on o u......__ nn n. _ _ _ EXHIBIT "A" (P4"eT Q) ALL that certain lot, tract or parcel of land lying and being situated in the J. Brock Survey, Abstract No. 55, in the City of Denton, Denton County, Texas, and being part of the west half of a 20-foot alley in Block 12 of College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 318, Page 4 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGIINNING at a point in the north line of East McKinney Street, a public roadway having a variable width right-of-way, said point being the southeast corner of Lot 1, Block 12 of said College View Additions THENCE North, with the east line of said Lot 1, same being the west line of said 20-foot alley in said Block 12, passing at 135.80 feet the northeast corner of said Lot 1, same being the southeast corner of Lot 2, Block 12 of said College View Addition, and continuing with the east line of said Lot 2, same also being the west line of said 20-foot alley, a total distance of 185.80 feet to a point at the northeast corner of said Lot 2; THENCE North 890 49' 230 Bast, departing said east line of said Lot 2 and the west line of said 20-foot alley, a distance of 10.00 feet to a point in the center of said alley right-of-way; THENCE South, with said center of said 20-foot alley right-of-way, a distance of 185.90 feet to a point in the said north line of Bast McKinney Street; THENCE North 880 59' 350 west, with the said north line of East McKinney Street, a distance of 10.00 feet to the POINT 08 BEGINNING and containing 1,859 square feet of land.