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Home My WebLink About1999-241\\CH LGL\VOLI\shared\dept\LGL\Our Documents\Ordmances\99V 99 030 Ordinance doe ORDINANCE NO 99 -a 4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL WITH CONDITIONS (C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2 13 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35 EAST AND SOUTH OF LILLIAN MILLER PARKWAY, IMMEDIATELY WEST OF CARPET MAX, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-030) WHEREAS, Everette Newland, acting on behalf of Carmel Properties #4 L P , has applied for a change in zoning for 2 13 acres of land from Agricultural (A) zoning district classification and use designation to Commercial (C) zoning district classification and use designation, and WHEREAS, on May 26, 1999, 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, 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 zoning district classification and use designation of the 2 13 acre property 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 with conditions (C[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B 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 s That the floor -to -area ratio be no greater than 0 25 1, allowing for a maximum of 23,196 square feet of building area All loading dock and dumpster areas shall be screened from view of I-35 E by solid opaque screens (fences, walls, or vegetation), reaching a height of at least six (6) feet above grade That any metal exterior material shall not be allowed on any building elevation (wall) visible from I-35 E SECTION 2 That the City's official zoning map is amended to show the change in zoning district classification SECTION 3 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 4 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-Chromcle, 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 1999 ZG^^�4r JACI LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERTI AS TO LEGAL FORM PROUTY, CITY ATTORNEY % T� BY e/ ,,�-. PAGE 2 EXHIBIT A (Z-99-030) 213 ACRES FIELD NOTES to all that certain tract of land situated in the Daniel Lombard Survey, Abstract Number 784, in the City and County of Denton, Texas and being all of the called 2131 acre tract described in the dead from Jerry Campbell to Carmel Properties 04 recorded In Volume 2671 Page 443 Real Property Records Denton County, Texas as recognized and occupied on the ground, the subject tract being more particularly desenbed as follows, BEGINNING for the Northwest comer of the tract being described herein at a capped iron rod set for the Northwest Comer of said 2131 acre tract on the Southwesterly right-of-way line of Interstate Highway 35, THENCE South 51 Degrees 04 Minutes 00 Seconds East along saki highway with the Northeasterly line of said 2131 acre tract along and near a fence a distance of 73820 feet to a MN Iron rod found for the Northeasterly comer of sold 2 131 acres and the Northwesterly corner of Lot 1 Block A Action Carpet Addition, an addition In said City, according to the Plat thereof recorded in Cabinet N Page 355 of the Plat Records of Denton County Taxes, THENCE South 38 Degrees 58 Minutes 59 Seconds West with the Northwesterly line of said Lot 1 and the Southeasteriyline of said 2131 acres along and near a fence a distance of 25147 feet to a %" Iron rod found for the South comer of said 2-131 acres and the West comer of said Lot 1, THENCE North 32 Degrees 15 Minutes 00 Seconds West with the Southwesterly line of said 2131 acres along and near a fence purported to be the middle of an old road a distance of 779 85 feet to the PLACE OF BEGINNING and enclosing 213 acres of land These Field Notes with the accompanying sketch were prepared from an on -the -ground survey made under my direction and supervision on January 8, 1998 There are no visible or apparent Intrusions, protrusions or easements ex as own M sel J Kern RPLS No 4� oats rLOOD STATEMENT, I have examined the FEMA Flood Insurance Rate Map for the City of Denton, Community No 480194, effective date April 2,1997 and that map Indicates that this property Is not within an Identified flood zone as shown on Panel 388E of said map (Non shaded zone x ) NOTE, THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE BINDER OR SCHEDULE B EXHIBIT B (Z-99-030) PERMITTED USES Hotel or Motel Art Gallery or Museum Educational,, Institutional & SMial 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 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 Accessory Building Utility. Accessory & Incidental UsesCommunity Center (Private) Electrical Generating Plant Electrical Substation Electrical Transmission Line Temporary Field or Coostruaion office (subject to approval and 000aol by the Ekd1drog tmpecta) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Private Swimming pool Telephone, Business office Telephone Lute and Exchange Switching or Relay Station EXHIBIT B (Z-99-030) Amusement, coatn weW (ttido.) Public � u e) with Golf Course Conimeteid dolf Course Public Park or Playground Public Playfield or Stadium Roller or Ice Skating Rink Swum or Tennis Club Theater, Other than Drive-in Type Bus Station or Terminal Hauling or StM&e Company Motor Freight Terminal Auto Laundry Automobile Service Uns Gasoline Service Station (interpreted as gas station/convenience store) Antique Shop Retail and Service Trig Usgs 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 Oroenhouse or Plant Nursery (Retail) Handicraft Shop Household Appliance Service and Repair Laundry or Clearing Self Service MlmeograPh, Stationary or Letter Shop Mortuary or Formal Parlor Offices, Professional and Administrative Off Premise Side of Beer and/or Wune OR Preadse Salle of Beer and/or Wine Licensed Private Club 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 Greenhouse or Plant Nursery Agricultural Ty= Uses EXHIBIT B (Z-99-030) Bakery (Wholesale) COOMKMMat 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 Plumbing Shop', Scientific or Research Laboratories Storage or Sales Warehouse Transfer, Storage and Baggage Terminal Wholesale Office and Sample Room Permitted Uses With Approved Specific Use Permit Fratemmty, Sorority, Lodge or Civic Club