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