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HomeMy WebLinkAbout1995-116Z-95-006 EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.2721 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER, 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, Rob Rayner, on behalf of Paul Lockhart (owner of the property), has applied for a change in zoning for 4.2721 acres of land from the Agricultural (A) zoning district classification to the Light Industrial Conditioned (LI(C)) zoning district classifi- cation; and WHEREAS, on April 26, 1995, 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 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 4.2721 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Agricultural (A) zoning district classification and use designation to the Light Industrial Conditioned (LI(C)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, with the following conditions: 1. Permitted uses are restricted to the uses described in Exhibit 2, attached hereto and incorporated by reference herein. 2. The total floor area for all building(s) constructed on the 4.2721 acres shall not exceed 25,000 square feet. 3. No "off premise" signs (as defined by Section 33-2 of the Code of Ordinances of the City of Denton, cr its succes- sor) will be permitted. 4. All loading dock and dumpster areas shall be screened from the view of I-35E by solid, opaque, scraens (fences, .walls, or vegetation), reaching a height of at. lest six feet above grade. If vegetation is chosen, the owner of 24. the property shall maintain such that it remains opaque throughout each year. 5. That corrugated, or any other metal exterior, shall not be allowed on any building elevation visible from I-35E. 6. The owner of the property shall maintain all trees larger than two (2) inches in diameter, where any portion of their trunks are located within 25 feet of any property line, and this duty shall attach to the zoning. 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 6?0ay of LACI, 1995 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 25. F - gS-aa(� FIELD NOTES TO 4.2721 ACRES IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784 DENTON COUNTY, TEXAS AND BEING PART OF A (CALLED) 6.393 ACRE hACT SHOWN BY DEED FROM BILLY JACK CARTER ET UX TO PAUL A. LOCKHART JR., TRUSTEE ON THE 1ST DAY OF NOVEMB*R, 1972, RECORDED IN VOLUMk 658, PAGE 676, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID 6.393 ACRE TRACT; THENCE SOUTH 89 DEGREES 16 MINUTES 42 SECONDS WEST WITH THE SOUTH LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A FENCE A DISTANCE OF 458.54 FEET TO A FENCE CORNER POST FOR CORNER; THENCE NORTH 32 DEGREES 15 MINUTES 24 SECONDS WEST WITH THE SOUTHWEST LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A FENCE A DISTANCE OF 370.35 FEET TO AN IRON PIN FOR CORNER; THENCE NORTH 38 DEGREES 56 MINUTES 00 SECONDS EAST A DISTANCE OF 251.47 FEET TO AN IRON PIN ON THE SOUTHWEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 35; THENCE SOUTH 51 DEGREES 04 MINUTES 00 SECONDS EAST WITH SAID HIGHWAY RIGHT-OF-WAY A DISTANCE OF 645.43 FEET TO AN IRON PIN FOR CORNER; THENCE SOUTH 02 DEGREES 18 MINUTES 41 SECONDS WEST WITH THE EAST LINE OF SAID 6.393 ACRE TRACT AND WITH A FENCE A DISTANCE OF 97.51 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.2721 ACRES OF LAND. 27. CASE #&95.W PERMITTED USES Primary Residential Uses Dormitory, Boarding or Rooming House Hotel or Motel Art Gallery or Museum Educational Institutional & Special Uses Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Fairground or Exhibition Area Group Homes Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monestary or Convent Nursing Horne or Residence Home for Aged Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Accessory Building Utility, Accessory & Incidental Uses Community Center (Private) Electrical Generating Plant Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Subject m approval aW omtrod by the Btdkfing Via) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Private Swimming Pool Telephone, Business office Telephone Line and Exchange Switching or Relay Station ME ! ' :'EXHIBIT 28. Amusement, Camate:cial (Indoor) Courury (3ub (Private) +With CW Course Public Golf Course Commercial Golf Course Public Park or Playground Public Playfield or Stadium Roller or Ice Skating Rink Swim or Tennis Club 'Neater, Other than Drive -In Type Bus Station or Terminal Hauling or Storage Company Motor Freight Terminal Try tuoortati m Relat Uses Auto Laundry Automobile Service Uses Gasoline Service Station (Interpreted as gas station/convenience store) Antique Shop Retail and Service Uses 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 Mimeograph, Stationary or Letter Shop. Mortuary or Funeral Parlor Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant Retail Stores and Shops-4,000 square fat or less Retail Stores and Shops -over 4,000 square feet Studio for Photographer, Musician, Artist or Health Greenhouse or Plant Nursery Agricultural Tvue Uses 29. Z-95-006 NOTE: Amended by Ordinance No. 99-170. ORDINANCE NO. q�_1110 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.2721 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER, 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, Rob Rayner, on behalf of Paul Lockhart (owner of the property), has applied for a change in zoning for 4.2721 acres of land from the Agricultural (A) zoning district classification to the Light Industrial Conditioned (LI(C)) zoning district classifi- cation; and WHEREAS, on April 26, 1995, 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 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 4.2721 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from the Agricultural (A) zoning district classification and use designation to the Light Industrial Conditioned (LI(C)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, with the following conditions: 1. Permitted uses are restricted to the uses described in Exhibit 2, attached hereto and incorporated by reference herein. 2. The total floor area for all building(s) constructed on the 4.2721 acres shall not exceed 25,000 square feet. 3. No "off premise" signs (as defined by Section 33-2 of the Code of Ordinances of the City of Denton, or its succes- sor) will be permitted. 4. All loading dock and dumpster areas shall be screened from the view of I-35E by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at lest six feet above grade. If vegetation is chosen, the owner of the property shall maintain such that it remains opaque throughout each year. 5. That corrugated, or any other metal exterior, shall not be allowed on any building elevation visible from I-35E. 6. The owner of the property shall maintain all trees larger than two (2) inches in diameter, where any portion of their trunks are located within 25 feet of any property line, and this duty shall attach to the zoning. 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 ad"'da y of , 1995. BOB CASTLEBERRY, ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: FIELD NOTES TO 4.2721 ACRES IN THE D. LAMBERT SURVEY ABSTRACT NUMBER 784, DENTON COUNTY, TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING IN THE D. LAMBERT OFRAY(CALLED)C6 NUMBER CRE4hACTTOSHOWNNBY, DEEDSPROMDBILLY JACPART CARTER ET UX TO PAUL A. LOCKHART, JR., TRUSTEE ON THE 1ST DAY OF NOVEMBiR, 1972, RECORDED IN VOLUME 658, PAGE 676, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID 6.393 ACRE TRACT; THENCE SOUTH 89 DEGREES 16 MINUTES 42 SECONDS WEST WITH THE SOUTH LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A FENCE A DISTANCE OF 458.54 FEET TO A FENCE CORNER POST FOR CORNER; THENCE NORTH 32 DEGREES 15 MINUTES 24 SECONDS WEST WITH THE SOUTHWEST LINE OF SAID 6.393 ACRE TRACT AND ALONG AND NEAR A FENCE A DISTANCE OF 370.35 FEET TO AN IRON PIN FOR CORNER; THENCE NORTH 38 DEGREES 56 MINUTES 00 SECONDS EAST A DISTANCE OF 251.47 FEET TO AN IRON PIN ON THE SOUTHWEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY NO. 35; THENCE SOUTH 51 DEGREES 04 MINUTES 00 SECONDS EAST WITH SAID HIGHWAY RIGHT-OF-WAY A DISTANCE OF 645.43 FEET TO AN IRON PIN FOR CORNER; THENCE SOUTH 02 DEGREES 18 MINUTES 41 SECONDS WEST WITH THE EAST LINE OF SAID 6.393 ACRE TRACT AND WITH A FENCE A DISTANCE OF 97.51 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.2721 ACRES OF LAND. �lr�au+PAEW.z . _ 4 CASE #Z-9S.W PERMITTED USES Primary Residential Uses Dormitory, Boarding or Rooming House Hotel or Motel Educational. Institutional &Special Uses Art Gallery or Museum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Fairground or Exhibition Area Group Homes Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monestary or Convent Nursing Home or Residence Home for Aged Parts, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Accessory Building Utility. Accessory & Incidental Uses Community Center (Private) Electrical Generating Plant Electrical Substation Electrical Transmission Line Temporary Field or Construction office (Subject to approval and cmtrot by the Building inspecta) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Private Swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Relay Station TtAC14fte i -r :_1 Amusement, Commxr W (hWoor) Country Club (Private) with Golf Course Public Golf Course Commercial Golf Course Public Park or Playground Public Playfield or Stadium Roller or Ice Skating Rink Swim or Tennis Club Theater, Other than Drive -In Type Bus Station or Terminal Hauling or Storage Company Motor Freight Terminal Transportation Related Uses Auto Laundry Automobile Service Uses Gasoline Service Station (Interpreted as gas station/convenience store) _Retail and Service TvDe Ucec 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 Mimeograph, Stationary or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club Restaurant Retail Stores and Shops4,000 square feet or less Retail Stores and Shops -over 4,000 square feet Studio for Photographer, Musician, Artist or Health Greenhouse or Plant Nursery Agricultural Tvpe Uses Aw�'+sr9- Bakery (WholesalC) COMM&SiR1-I ne Uses 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 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 General Manufacturing and Industrial Uses Light Manufacturing or Industrial Uses which meet the performance standards prescribed by Section 35-328. Permitted Uses With Approved Specific Use Permit Correctional Facilities Fraternity, Sorority, Lodge or Civic Club F sh,,U p,V.G1;,0. Dawnm6�Ordmaoca�95Z-99-019 doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AMENDMENT OF CONDITION TWO (2) OF ORDINANCE NO. 95-116 (EXHIBIT A, ATTACHED HERETO) ALLOWING THE TOTAL FLOOR AREA FOR ALL BUILDING(S) CONSTRUCTED ON THE 4.2721 ACRES SHALL NOT EXCEED 35,000 SQUARE FEET; LOCATED ON THE SOUTH SIDE OF I-35E; APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER; AND MORE PARTICULARLY DESCRIBED IN EXHIBIT A 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 (Z-99-019). WHEREAS, Frank M. Kudlac, on behalf of Roger Frederick, has applied for an amendment of condition 2 of Ordinance No. 95-116 (Exhibit A) to allow for a total floor area for all building(s) constructed on the 4.2721 acres to not exceed 35,000 square feet; and WHEREAS, on April 14,1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the amendment 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 condition 2 of Ordinance No. 95-116 (Exhibit A) is amended to allow an increase of 10,000 square feet to read as follows: 2. That the total floor area for all building(s) constructed on the 4.2721 acres site shall not exceed 35,000 square feet and 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. SECTION H 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 III. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 95-116 but all provisions of Ordinance No. 95-116, as they apply to the remaining portion of the zoning district land use regulations not herein amended shall continue in full force and effect. F shan&JeµLLGUOur Documm&Ord =arc 99 -"9 19dm SECTION IV. That a copy of this ordinance will be attached to Ordinance No. 95-116 showing the amendments herein approved. 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, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the th day of , 1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: (f� f Page 2 of 2