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Home My WebLink About1996-242Z95007B ORDINANCE NO 9(o 'Rgg AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICA- TION AND USE DESIGNATION FOR 3 753 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 350 FEET SOUTHEAST FROM ITS INTERSECTION WITH LINDSEY STREET, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Arthur J Anderson, on behalf of RPS Ventures, Inc , had applied for a rezoning of the subject property legally described in Exhibit 1, and WHEREAS, the Planning and Zoning Commission on October 30, 1996, unanimously recommended approval of the 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 3 75 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by refer- ence, is changed from its existing zoning district classification and use designation to the Commercial Conditioned (C[c]) zoning district classification and use designation under the comprehen- sive zoning ordinance of the City of Denton, Texas, subject to the following restrictive conditions Permitted uses are restricted to the uses described in Exhibit 2, attached hereto and incorporated by refer- ence herein, the uses listed in Exhibit 3, attached hereto and incorporated by reference herein, are ex- pressly prohibited No structure shall exceed two (2) stories in height Access to the subject property shall be taken from the I-35E frontage road 4 No direct illumination of adjacent land zoned and used for single family residences shall be allowed Drainage improvements on the portion of the property that drains to the south shall be constructed prior to any development of that portion of the property, in accordance with the Code of Ordinances of the City of Denton 6 Stormwater drainage on the portion of the property that drains to the north must continue to drain to the north 7 Walls, fences, and trees shall be provided as per the Code of Ordinances of the City of Denton 8 Any permitted swim or tennis clubs may not be operated between the hours of 10 00 p m and 10 00 a m 9 For the purposes of this ordinance, references in the exhibits to "miniwarehouses" shall mean structures containing separate storage spaces of varying sizes leased or rented on an individual basis SECTION II. That the City's official zoning map is amended to show the change in zoning district classification SSECTION III That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceed- ing $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 ordi- nance 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 day of 1996 JACK LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY �_ 'A' r TO LEGAL FORM APPjVED RT HER RT _,4:NDATTORNEY ALL that certain lot, tract, or parcel of land situated in the A N B. Tompkins Survey, A.1246 in the City of Denton, Denton County, Texas and being more particularly described as follows BEGINNING at the northeast corner of a tract shown by deed to Boyd Morrison, recorded In Volume 2913, Page 161 Rea) Property Records Denton County Texas; THENCE west a distance of 316 23 feet to the northwest corner of a tract deeded to Harold E Ferguson recorded in Volume 940, Page 80i Deed Records, THENCE north 0" 18' 12" west a distance of 179 61 feet to tie southeast corner of a tract deeded to Denton Baptist Association recorded in Volume 1901, Page 698 Real Property Records, THENCE north 0" 39' east with the east line of said Denton Baptist Association tract passing at 300 65 feet it's northeast corner and continuing on said bearing a total distance of 668 20 feet to a point in the center line of 1 R 35E, THENCE south 474 SO' 42" east with the center line of :H 35E ; distance of 199 61 feet to the Point of Curvature of a curve to the left, thru a central angle of 30 39' 244, radi-s of 3274 05 feet and length of 208 95 feet to a point for corner, TF+ENCE south 250 00' west a distance of 479 53 feeto a point fc: correr, _^ THENCE south 550 30' east a distance of 25: 2' feet to tie Beginning and co^tair-ng 3 753 a:res of .and AEE fiIV�E�W ��lw EXHIBIT 2 LIST OF PERMITTED USES Amusement, Commercial (indoor) Park or Playground (public) Play Field or Stadium (public) Restaurant Retail Stores and Shops 4,000 Square Feet or Less Retail Stores and Shops Over 4,000 Square Feet Studio for Photographer, Musician, Artist, or Health Animal Clinic or Hospital (no outside runs or pens) Greenhouse or Plant Nursery Library (public) Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Community Center (private) Home Occupation Telephone Line and Exchange Switching or Relay Station Auto Laundry Auto Sales and Repair (in budding) New Auto Parts Sales Stores 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 Mimeograph, Stationery or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Off -Premises Sale of Beer and/or Wine Sales or Storage Warehouse (miniwarehouses only, all others prohibited) One Family Dwelling Restricted Art Gallery or MuseurYi Church or Rectory College or University or Private School Day Nursery or Kindergarten Hospital (General Acute Care) Hospital (Chronic Care) EXMIBIT L_..40=L�A4 c- 1 h Institutions of Religious or Philanthropic Nature Swim or Tennis Club Cemetery or Mausoleum Permitted with Approval of a Specific Use Permit Fraternity, Sorority, Lodge or Civic Club EXHIBIT 2_; Pfxr- 2!z- EXHIBIT 3 LIST OF PROHIBITED USES Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Community Center (Public) Day Camp Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Occasional Sales Accessory Budding Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Approval and Control by Building Official) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Off Street Parking Incidental to Main Use Off Street Remote Parking Public Building, Shop, Yard of Local, State, or Federal Government Radio and/or Television Microwave Tower Sewage Pumping Station Private Swimming Pool Telephone, Business Office Water Reservoir, Water Pumping Station or Well Water Treatment Plant Amusement, Commercial (Outdoor) Country Club (Private) with Golf Course Dance Hall or Night Club Fairground or Exhibition Area Public Golf Course Commercial Golf Course Rodeo Grounds Roller or Ice Skating Rink Sexually Oriented Business Stable, Private Club Stable, Commercial Rental Stable, Boarding Theater, Drive-in 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 EXHIBITS 9 V-3 Railroad Track or Right -of -Way Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure Auto Painting and Body Repair Gasoline Service Station New or Used Car Sales Lot (In Open) Seat Cover and Muffler Installation Shop Tire Retreading or Capping Used Auto Parts Sales (In Building) Laundry or Cleaning Self Service On Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Secondhand Store, Used Furniture or Rummage Sale Tool or Trader Rental Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch Hatchery, Poultry 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 Feed Store Heavy Machinery Sales and Storage Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy, or Ice Cream Plant Paint Shop Plumbing Shop Scientific or Research Laboratories Storage and Sales of Furniture or Appliances (Outside a Building) Trader Rental or Sales Transfer, Storage and Baggage Terminal Wholesale Office and Sample Room Trailer Camp or Mobile Home Park Electrical Generating Plant Private Utility Shop or Storage Yard Sewage Treatment Plant Drag Strip or Commercial Racing Go Cart Track Animal Pound (Public or Private) Flea Market Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel Temporary Asphalt or Concrete Batching Plant Mixing and Sale of Concrete Sales or Storage Warehouse (all prohibited except miniwarehouses) EXHIBIT..; 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