1998-099Z 98 006
O ANCENO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE COMMERCIAL, CONDITIONED, (C[c]) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 17 46 ACRES OF LAND LOCATED
ON THE SOUTH SIDE OF HIGHWAY 77 BETWEEN LOOP 288 AND INTERSTATE 35,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Coleman and Associates Surveying, on behalf of Baruch Properties,
~mtlated a change in zomng for 17 44 acres of land from the Agricultural (A) zoning &strict
classfficat~on and use designation to the L~ght Industrial (LI) zomng district classfficat~on and
use designation, and
WHEREAS, on February 25, 1998, the Planning and Zomng Commission recommended
approval of a change from the Agricultural (A) zomng dlsmct classfficat~on and use designation
to the Commermal, conthtloned (C[c]) zoning district class~ficatlon and use des~gnatton, and
WHEREAS, the C~ty Council finds that the change ~n zomng will be m compliance w~th
the Denton Development Plan, NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the zomng d~strmt classfficat~on and use destgnat~on of the 17 46 acres
of land described m Exhibits A and B, attached hereto and ~ncorporated by reference herein, ~s
changed from the Agricultural (A) zomng d~stnct classification and use designation to the
Commereml, conditioned (C[c]) zoning d~stnct classfficatlon and use designation under the
comprehenmve zoning ordinance of the C~ty of Denton, Texas, subject to the following
condmons
1 The bmld~ng hne along the H~ghway 77 frontage and the western property hne shall
be fifty (50) feet
2 A landscaped area no less than thirty (30) feet from the property hne along H~ghway
77 and the western property hne shall be mmntmned
3 A landscaped buffer yard of twenty (20) feet shall be mmntmned along the southern
property hne, wah~n whmh no less than one (1) canopy tree and two (2) understory
trees shall be mmntalned for every seventy-five (75) hneal feet of boundary
4 Laght~ng on the property shall be designed and mmntmned so as not to sh~ne on, or
otherwme &sturb surrounding residential property or to shine and project upward to
prevent the d~ffuslon ~nto the mght sky
5 At least fifty (50%) percent of any bmld~ng fagade that ~s principally oriented to face
H~ghway 77 or the western boundary of the property shall be non-metal materials
6 No track bays shall open on the fagade oriented toward H~ghway 77
SECTION II That the City's officml zoning map ~s amended to show the change ~n
zoning district classification
SI~CTION III That any person molatmg any prows~on of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provision ofth~s ordinance
is wolated shall constitute a separate and distinct offense
SECTION IV That th~s ordinance shall become effective fourteen (14) days from the
date of its passage, and the C~ty Secretary is hereby d~rected to cause the caption of this
ordinance to be published twice in the Denton Record- Chronicle, a dmly newspaper pubhshed in
the City of Denton, Texas, w~thm ten (10) days of the date of~ts passage
PASSED AND APPROVED thxs the t]~]L dayof 7~pf~; ( ,1998
JA~
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
//
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
.
F \shared\dept\LGL\Our Documents\Ordmances\98\Z 98 006 doe
Exh:~blt "A"
Exhibit ,'~'B~'
Tl~C~ 2
FIELD NOTES to all that certain tract o~ lsnd situated in tbs A. White Survey
Abstrac~ ~be~ [~05, Denton Cowry, Texas ~d being a par~ o~ tl~a called 141.295
acre ~ract described ~n the de~d to Jo~, ~te~ fr~ J~es Iludaon recorded
in volume 9~8 page 925 of the Deed Recq~ds of Den~on Co~ty,~xasl th~ subject
'tract being ~ore particularly described as folloast
BEGInNiNG for ~e Scuth~st Cogner of the tract being,described he~a[n, an iron
rod found at a fence corner in t~ ca~led South 1Lne of-~he said A. ~tte Sudsy
and being the South~est Co~e~ of the said Porter
~ENCE No~h 0 ,De~ees 19 M~nutes ~Z S~oo~s East with th~ t~e~t ~tne of th~ said ,,
Porter ~aet a~ along a fence a diat~ee off 97~.6~ fleet to a fence corner ~n the
occupied Southeast ~gltt-of-~y o~ U.S. ~sine~a ~¢ute 77~
d~s~uoe o~ 3~3,86 [eet ~o a right-off-~ay m~nt a~ ~ angle point
TIIENCE South ~8 De~es 05 N~nutes, 0~ 8~e~s East ~lth ~he ~aid ~ight-off-waY a
Tract ~
. Po~ter Trae~ an~ alpnS ~ fe~oe a d~sta~oe, of ~19 feet ~ ~ fence co.er post
the called So~th l~e of the said ~it2 Su~my for th~ Southeast C~ner of tile sazd
T[IENCE ~orth 8g De~eea 11 Minutes 1~ Seconds West with the South line of tl~e said
Par~e= Tract a distance of 1318.~3 feet to the PLACE ~F BEGI~ING and enclosing l~.a6
acres o~ l~nd,