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1999-386\\CH LGL\VOLi\shared\dept~LGL\Our Documents\Ordmances\99~Z 99 043 doc ORDINANCE NO ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DIS~TRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL CONDITIONED [LI(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5 0 ACRES OF LAND LOCATED ON THE NORTH SIDE OF MINGO ROAD, BETWEEN LOOP 288 AND COOPER CREEK ROAD, PROVIDING FOR A PENALTY IN THE MAXIMLrM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-043) WHEREAS, Grog Edwards of G-rog Edwards Engmeenng Services, Inc, on behalf of Dr Ed Wolskl, has applied for a change in zomng for 5 0 acres of land from Agriculture (A) zoning dlstr~ct classification and use designation to Light Indusmal Conditioned [LI(c)] zoning district classification and use designation, and WHEREAS, on July 14, 1999, tho Planning and Zoning Comnusslon recommended approval of the requested change in zoning, and WHEREAS, the City Council finds that the change m zomng will be in compliance w~th 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 5 0 acre property described m the legal description attached hereto and incorporated hereto as Exhibit A is changed from Agriculture (A) zoning chstnct classification and use designation to Light Industrial Conditioned [LI(e)] zomng district elasmflcatlon and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions 1 That perrmtted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B 2 Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounthng residential property or to shine and project upward to prevent the diffusion into the night sky 3 A buffer yard along the western and northern boundaries that is at least fifteen (15) feet wide with one canopy tree per every twenty (20) feet of buffer yard and with 1 5 understory trees (rounded to the next tughest whole number) for every canopy tree 4 All establishments falling wltlun the following Standard Industrial Classification (SIC) Major Groups, as identified in the Standard Industrial Classification Manual (OMB, 1987), are specifically prohibited F ~shared\dept\LGL\Our Docume~l~\Ordmancas\99~Z 99 04~ doc a Major Group 20, Manufactunng of Food and K~ndred Products, b Major Group 21, Manufactunng of Tobacco Products, c Major Group 22, Manufactunng of Textile Mill Products, d Major Group 26, Manufactunng of Paper and Alhed Products, e Major Group 27, Pnnt~ng, Pubhsh~ng and Alhed Indusmes, f Major Group 28, Manufactunng of Chemicals and Alhed Products, g Major Group 29, Petroleum Refining and Related Industries, h Major Group 31, Manufactunng of Leather and Leather Products, Major Group 32, Manufactunng of Stone, Clay, Glass and Concrete Products, Major Group 33, Primary Metal Industries, k Major Group 37, Manufacttmng of Transportation Eqmpment, and 1 Major Group 39, M~acellaneous Manufactunng Industries 2 Elevations, excluding w~ndow and door opemngs, that face Mmgo Road shall be comprised of a mxlnlnum of 75% brick or stone materials 3 No loading bays or loathng docks shall face M~ngo Road 4 No parl~ng shall be allowed ~n the front yard of the lot SECTION 2 That the C~ty's officml zoning map ~s amended to show the change m zoning d~smct elassfficaUon ~ That any person wolat~ng any provmmn of th~s ordinance shall, upon conmctmn, be fined a suln not exceeding $2,000 00 Each day that a prows~on ofth~s orchnance ~s vxolated shall constitute a separate and distinct offense SECTION 4 That th~s ordinance shall becolne effective fourteen (14) days froln the date of~ts passage, and the C~ty Secretary ~s hereby chrected to cause the captmn of thru ordinance to be pubhshed twine in the Denton Record-Chromcle, a dmly newspaper pubhshed 1n the C~ty of Denton, Texas, w~thtn ten (10) days of the date of~ts passage PASSED AND APPROVED thls the /q~ dayof t~~ ,1999 JAC]~~ ATTEST' JENNIFER WALTERS, CITY SECRETARY Page 2 \\CH LGL\VOLl~shared\dept\LGL\Our Documents\Ordmanees\99~Z 99 043 doc APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 ~AI~DTHAT C.ER'rAIN TRACT O.R PARC~. L .OF LAN.D LYING AND B_EINO 81TUATED IN THE S S SURVEYABSTRACT 127li, DP=I~TO-N COUNTY, TED~ AND BEING I~ART OF A lti0 6I}S AC~RE TRACT, AI~ DE,SCRIBED IN A DEED FROM ELECTRONIC DATA aYe'EM8 CORPORATION TO EDWARO F. WOLBKI, M D.d/b/a M.A. PROPERTIES, RECORDED IN C(~UNTY OLER~a IN~9'rRUME. NT NUMBE. R 98,-R0043774, REAL PROPERTY RECORDS, DENTON DOUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AG FC)LLOVV~' COMMENCING AT A FENCE CORNER POST AT THE 8OUDiWEST CORNER OF THE COOPER ¢,-,R.E_EK UNIT.ED M.ETHOplm' CHURCH TRACT, _B_EING RECORD_ED IN VOLUME 93, PAGE IlS, DR~_n_ RECORDS, DENTON COUNTY, TEXAS, THENCE ~tOUTH ~l~) DE~RI~I~6 ~0 MINUT[E$1'1 .G~NDS WEar, ALONG AND NEAR A FENOE AND WITH NORTH RIGHT-OF.WAY OF MINGO ROAD, A DISTANCE OF lilil 58 FEET TO THE POINT OF _BEGINNIN .O -OF TH~ H~I:~IN DESC;RI.BED TRACT, THENCE SOUTH 60 DEGRIEES 30 MINUTE8 '! 1 SECONDS WE~T, ALONG AND NEAR A FENqI~ AND WITH TH[~ NORTH RIGHT-~)F-.WAY OF MINGO ROAD, A DIEIT'ANCE OF 299.29 FEET TO A CORNER, THEN~ NQFI~J'H '11 p_Eem=L=S Sl MINUTES .~7 SEC.ON_DS WRIST, A DISTANCE QF 794 22 FEET TO A CORNER, THENCE I~OUTH 88 DEGREES Sl MINUTP-:~ 08 SECOND8 EAST, A DISTANCE OF 30S 41 FEET TOA CORNER, THENCE SOUTH '11 DEGREE~ 31MINUTE8 27 SECONDS EAST. A DISTANCE OF 640~8 FEi~.T TO THE POINT OF BI[E~INNINGt ,AND CONTAINING IN AU. $ go0 ACRES OF LAND una Restricted Hotel or Motel Art Gallery or Museum College or ~niversity or Private School Community C$nter Day Cemp Day Nursery or Kindergarten School 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 Monastery or Convent Nursing Home or Residence Home for Aged chool, Private Primary or Secondary dohool, Public or Denominational School, Business or Trade Utility. ~ccessor~_ and Incidental uses Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (subject to Approval and Control by,Building Inspector) Fire Station or Similar Public Safety Building ' Gas Transmission Line ~nd Metering Station O~f-~eet-Parkinu-Inufd~nta~--te-M&in-Uss Private Utility Shop or Storage Yard Public Yard of Lo0al, State, or Federal Government Pool Telephone, Business Office Telephone Line and Exchange Switching or Relay Station Water ~ese.~voiF, Water Pu~ping Station. or Well J~nusemsnt, Co~,~erolal (outdoor) ~Jnusement, Qo~e~o~aL (indoor) Danoe Hal~ o~ ~t~ Co~ero~al Golf Course .~1~o Park or Playgroun~ ~1~o Play fiel~ or Roller or Iue Skating Rink Swim or Tenllis Club Theater, Other than Drive-in Type Airport Landing Field or Heliport bus Station or Terminal Hauling or Storage company Motor Freight Terminal Railroa~ Freight Terminal Railroa~ Passenger Station Railroa~ Traok or Right-of-Way Railroad Traok Co~mercial Parking Lot or Structure Automobile Service Uses Auto Auto Painting and Bo~yRepair Auto Sales and Repair (In BUilding) Gasoline Service Station New Auto Pa~ts Bales ~tores ~sw.or,Usad Ca~ Sales Lot (In Open) Seat Cover an~ Muffler Installation Use~ Auto Parts Sales (In Bu~lding) Retail e~d Service ~e Uses, " Anti~ue ShOP Bakery or Confeotionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop an~ Custom Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop ,Greenhouse or Plant N~rsery (Retail)~ llcra£t ~sehol~ ~ppL~ancs Service and Repair ~un~y or Cleaning Self Service Mimeograph; Stationery or Letter Shop Mortuary or F~neral Parlo~ ,, .. -, .. Offices, Professional an~ ~ministratiVe off Premise Sale of Beer an~/o~ Wine On Premise Sale of Beer and/or Wine License~ Private Club Restaurant Retail Stores an~ Shops - 4,000 square feet or lass Retail stores an~ Shops - Over 4,000 square feet Studio for Photographer, Musician, Artist or H~alth Tool or Trailer Rental Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Commercial T_~_e Uses Bakery (Wholesale) Building Material Sales Cabinet and Upholstery Shop Cleaning an~ Dyeing Plant (commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yar~ Engine an~ Motor Repairing Heavy Machinery Sales and Storage Job Printing or Newspaper Printing ~ Laundry Plant (Commercial) , Milk Depot, Dairy, oF Ice cream Plant Paint Shop Petrole-~ Products, Storage - Whole,ale Plumbing Shop Scientific or Research Laboratories ,hi , . 12_1__ - " --' --'-" Storage or ~ales Warehouse Transfer, S~orage a~ Baggage Terminal Wholesale Office and Sample Room ~n ~ ed by ~io~e ~3~ ~8~ · ~h~ough 7. F~a~e~ity, So~o~y~ ~dga o~ Civic Cl~ U~il~. ~ccesso~ a~d Tn~idantal Uees ~loor/Area Ratio 2 c i Maxim~ Front Yardi Minim~ 25 feet Side Yard= No side yard ~s specified for non-residential use except where a non-residential use abuts u~on a ~is~i~ bo~ l~e ~vid~ng such ~striots from a resi~ential district or when ~e si~e yard ~s adjacent to ~e street, in which event a ten (10) be ~provided. foot yard ....... ''~e~ for non-res~dential use except where reta~l~ ~o~erolal or ~naus=rlal uses back upon a co. on d~s~lot l~e, whaler separated by an alley or not, a~viding the district from any of ~e res~ential districts listed, a min~m~ of ten (10) feet ehall.be provide~. ~ai.~e~g.1 height ~ot prohibited by other laws or In the ~istriots where the height of buildings is restricte~ to two (2) or ~ee (3) stories, cooling towers, roof gables, ob{~neys ~ vent stacks may e~en~ for a~aitional height not acmes ~ spires, aha school buil~ings buil~in s may be ereote~ to ~oee~ three (3) stories in height in res~ential areae restriote~ to two (2) or three (3) stories in height, provided that ,one additional foot shall be a~ea to the width an~ aepth of si~e an~ rear yaras for each foot that such st~otures e~cee~ three (~) stories ~n heist. Parking (Bas.~ on use. See =icl- 34-115.} S i~ S Lighting ~ndscaping Screening a Fencing e