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1999-276\\CH-LGL\VOLl~hared\dept~LGL\Our Documents\Ordmances\99~Z-99 042 doc AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL CONDITIONED [C(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 237 ACRES OF LAND LOCATED AT 3840 N ELM STREET ON THE SOUTHEAST CORNER OF N LOCUST ROAD (HWY 77) AND RINEY ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-042) WHEREAS, Khosrow and Amy Sadeghaan, the owners of the subject property, have apphed for a change m zomng for 1 237 acres of land bom Agricultural (A) zoning district classification and use designat~on to Commercial Conditioned [C(c)] zomng district classification and use deslgnaUon, and WHEREAS, on July 14, 1999, the Planmng and Zomg Comauss~on recommended approval of the requested change an zomng with conditions, and WHEREAS, the City Council finds that the change an zomng wall be m comphance with the 1988 Denton Development Plan, the 1998 Denton Plan Pohcaes, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS i~,ffe..T_[O.]5~ That the zomng district classification and use designation of the 1 237 acre property described m the legal description attached hereto and incorporated herein as Extublt A as changed from Agricultural (A) zoning district classification and use desagnatmn to Commercml Conditioned [C(c)] zomng district classification and use designation under the comprehensive zonmg ordinance of the City of Denton, Texas, subject to the following conditions A That the permitted land uses include those described an the hst attached hereto and incorporated herein by reference as Exhibit B B Laghtmg on the property shall be designed and mmntmned so as not to shine on or otherwise disturb, surrounchng res~dentml property or to sl~ne and project upward to prevent the thffusaon into the mght sky C The total floor area shall be hmated to no more than 8,000 square feet D The maximum height shall be two stones E That exterior materials used for any building elevation (wall) shall be masonry, excluding doors and windows F No development shall begin and no building permit shall be issued for any land within this district until a sate plan has been approved by the City Cotmcfl for such land SECTION 2 That the City's official zoning map as amended to show the change an zomng district classification F \SHARED\DEPT~LGL\Our Documonts\Ordmances\99~Z 99-042 doe ~ That any person violating any provision of this ordinance shall, upon convlctlon~ be £med a sum not exceeding $2,000 00 Each day that a provision of th~s ordinance is violated shall eonmtute a separate and distinct offense SECTION 4 That th~s ordinance shall become effective fourteen (14) days from the date of its passgge and the City Secretary is hereby directed to cause the caption of tbas ordinance to be published ~ce an the Denton Reeord-Chroracle, a daffy newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage~ j~" ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 LEGAL DESCRIPTION EXHIBIT "A" Al1 that certatn tract or parcel of land situated tn the II II. Helsenhetmer Survey. Abst. 810, Denton County. Texas, being part of a tract desc~'fbed In a de~d from 14ary 01lye Hason to R. D. Rich on June 29, 1955 and recorded In Vol. 41[, Page 233, Deed Records of said County, a,d being more particularly described as follows: B£GIHRING at the Nest corner of said tract on the Nm'th line of said Survey, In , bltc road~ 1,,.dCE $. 87' 27~ E. with ~ald Survey 1Ina tn said road 414.49 feet to a steel pin; TIIENCE S. 46° 52' 30" E. along and near a fence 85.20 feet to a fence corner; THEHCE S. 37e 42' ~. ~lth said fenco 200.Z feet to a fence corner on the HorU~erly right-of-way of U.S. Illghway 371; TIIEflCE N. 56~ 24' ~. ~ttn said right-of-way along and near a fence 424.U! feet to the Place of Beginning, containing in ali t.237 acres of land, ~RE ~R LESS. EXHIBIT B "C" COMMERCIAL DISTRICT PERMITTED USES (Z-99-042) One Family Dwelhng Restncted Commum~ Umt Development Hote or Mote Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or Univers~t}' or Private School Communit7 Center/Pubhc) Day Camp Da}, Nurser,,/or K~ndergarten School Group Homes Halfwa}, House Home for Care of Alcoholic, Narcotic or Ps},ch~atr~c Patients Hospital (General Acute Care) Hospital IChromc Care) Institutions of Rehl~ous or Philanthropic Nature Pubhc L~brary Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Pla},ground or Pubhc Commumt}, Center School, Private Primary or Secondary School, Pubhc or Denominational School, Bumness or Trade Accessory Building Communit}, Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construcbon Office (Subject to Approvat and Control b}, Bu~ldin~l Inspector) Fire Station or S~milar Public Safet~ Building Gas Transmission Line and Metering Station Home Occupabon Off Street Parking incidental to Main Use Off Street Remote Parking Pubhc Building, Shop, Yard of Local, State or Federal Govt Radio and/or Television M~crowave Tower Sewage Pumping Station Private Swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Rela}, Stabon Water Reservoir, Water Pumping Station or Well Water Treatment Plant Permitted Uses, Page 1 of 3 "C" COMMERCIAL DISTRICT PERMITTED USES (Z-99-042) Amusement, Commercial (Outdoor) Amusement, Commerolal (IndoorI Country Club (Private) with Golf Course Fair~lround or Exhibition Area Public Golf Course Commercial Golf Course Pubhc Park or Playground Pubhc Pla}, Reid or Stadium Roller or Ice Skahng Rink Swim or Tenms Club Auto Laundry Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores ew or Used Car Sales Lot (In Open/ Seat Cover and Muffler Installabon Shop Used Auto Parts Sales (In Bu~ld~n~l) Antique Shop Bakery,,/or Confectionery Shop/Retail) Cafeteria Cleaning and Pressin~l Small Shop and P~ckup Custom Personal Service Shop Drapery, Needlework or Weawng Shop Florist or Garden Shop Greenhouse or Plant Nurser,,/IRetall) Hand~craft Shop Household Apphance Service and Repair ,aundry or Cleamn~ Self Service /limeograph, Stationary or Letter Shop 4ortuary or Funeral Parlor )ffices, Professional and Administrative Off Premise Sale of Beer and/or Wine On Pramlse Sale of Beer and/or Wine Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Studio for Photo~lrapher, Musician, Artist or Health Secondhand Store, Used Furn~tura or Rummage Sale Farm or Ranch .. I IGreenh~lant Nurser,/ I Permitted Uses, Page 2 of 3 "C" COMMERCIAL DISTRICT PERMITTED USES (Z-99-042) akery (Wholesale) Build~n~ Mater~al Sales Cabinet and Upholstery Shop Engine and Motor Repalnn~l Job Prinbnl~ or Newspaper Pr~nt~n~l M~lk Depot, Dairy, or Ice Cream Plant Paint Shop Plumb~n~ Shop Scientific or Research Laboratories Wholesale Office and Sample Room PERMITTED USES WITH AN APPROVED SPECIFIC USE PERMIT. Electric Generat~n~l Plant Private Ut~ it}, Shop or Storage Yard Permitted Uses, Page 3 of 3