1998-130F \shared\dept~LGL\Our Document~\Or&nances\98~Z 98 002 Ordinance doc
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION TO COMMERCIAL
CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
3 491 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF U S HIGHWAY 377
AND HAMILTON ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Lance Roberts has apphed for a change in zoning for 3 491 acres of land from
Agricultural (A) zomng chstnct classfficataon and use designation to Commercial (C) zoning dlsmct
classification and use designation, and
WHEREAS, on March 11, 1998, the Planmng and Zoning Commission postponed
consideration of the requested change in zoning until a neighborhood meeting was held to provide
residents an opportunity to meet with the apphcant, and
WHEREAS, on March 31, 1998, a neighborhood meeUng was held where thirteen (13)
residents and the applicant along with hm business partner were present, and
WHEREAS, on April 8, 1998, the Planmng and Zoning Commission recommended approval
of a change m zomng from Agricultural (A) zomng dlsmct classification and use designation to
Commemlal Conditioned (CIe]) zomng dlsmct classification and use designation, and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
1988 Denton Development Plan and the 1998 Denton Plan Pohcles, NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTIONI Thatthezomngdlstnctclasslficatlonandusedeslgnatlonofthe3491 acretract
of land 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
Con&tloned (C[c]) zoning district classification and use designation, under the comprehensive
zoning ordinance of the City of Denton, Texas, subject to the following conditions
1 That pernutted land uses be restricted to those described ~n the hst attached hereto
and incorporated herein by reference as Exhibit B, and limit land uses permitted
w~th a Specific Use Penmt to those ordinarily permitted w~thm a Commercial (C)
zomng &strict with an approved Specific Use Permit
2 Floor-to-Area is limited to 5-tol, translating into a maximum of 21,780 square
feet of floor area per acre
3 Exterior materials on all bml&ng facades facing pubhc streets are restricted to
masonry materials
F \SHARED\DBPT~LGL\Our Doeuments\OrdmancesLa8~Z 98 002 Ordinance doc
4 All exterior storage is to be contmned within a "sight obscuring" fence that is a
minimum of six (6) feet in height
5 Lighting on the property shall be designed and maintained so as not to sbane on,
or otherwise disturb surrounding residential property or to shine and project
upward to prevent the diffusion into the night sky
6 A screen of a minimum of six (6) feet in height along the north and east property
lines, facing residential areas, should be maintained within a ten (10) foot wide
setback
SECTION II That the City's official zomng map is amended to show the change in zomng
dlsmct classification
SECTION III That any person violating any provision of this ordinance shall, upon
convmtlon, be fined a sum not exceechng $2,000 00 Each day that a provision of this orthnance is
violated shall constitute a separate and distinct offense
S~CTION ~ That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby thrected to cause the captton of this ordmance to be
published twice in the Denton Record-Chronicle, a dmly newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED'AND APPROVED this the ]~t~day of ]/~67.d,4' , 1998
JAC~4~LLER, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 2
Z.98-002
EXHIBIT A
FIELD NOTES
3 491 ACRES
BEING all that certain lot, tract, or parcel of land situated ~n the James Severe
Survey Abstract Number 1164, Denton County, Texas, being a part of that certain
(called) 4 013 acre tract of land conveyed by deed from James H Burge and w~fe,
Jennie Belle Burge to Marvin F Calvert, recorded ~n Volume 577, Page 439, Deed
Records, Denton County, Texas, and being more particularly described as follows
BEGINNING at an iron rod found for corner ~n the east I~ne of U S H~ghway Number
377, a pubhc roadway, sa~d point being the southwest corner of that certain tract
of land conveyed by deed from C B Timmons to Paul S Berry, recorded ~n Volume
866,~ Page 293, Deed Records, Denton County, Texas,
THENCE S 89° 59' 21" E, 494 91 feet w~th the south line of sa~d Berry tract to a
point for corner,
THENCE S 27° 30' 33" W, 338 78 feet to a point for corner ~n the north line of
Hamilton Dr~ve, a public roadway,
THENCE S 88° 28' 46" W, 502 17 feet with sa~d north line of said Hamilton Dr~ve
to an ~ron rod found for corner in sa~d east hne of said U S Highway Number 377,
THENCE N 27° 31' 25" E, 353 96 feet with sa~d east line of said U S H~ghway
Number 377 to the PLACE OF BEGINNING and containing 3 491 acres of land
EXHIBIT B
Z-98-002
PERMITTED USES
One Family Dwelling Restricted
Commumty Unit Development
Dormitory, Boerd~ng or Rooming House
Educational. Institutional end S~eclsl Uses
Art Gallery or Museum
Cemetery or Mausoleum
Church or Rectory
College or University or Private School
Community Center (Public)
Day Camp
Day Nursery or Kindergarten School
Institutions of Religious or Philanthropic Nature
Public L~brary
Monastery or Convent
Nursing Home or Residence Home for Aged
Occasional Sales
Park, Playground or Public Commumty Center
School, Private Primary or Secondary
School, Public or Denominational
School, Business or Trade
Utlllty~ Acceeser¥ and Incidental Uses
Accessory Building
Community Center (Private)
Electrical Transmission Line
Temporary F~eld or Construction Office (Subject to Approval and Control by Building Inspector)
Fire Station or S~m~lar Public Safety Building
Gas Transmission L~ne and Metenng Station
Home Occupation
Off Street Perking Incidental to Ma~n Use
Off Street Remote Parking
Public Building, Shop, Yard of Local, State or Federal Government
Pnvate Swimming Pool
Telephone, Bus~ness Office
Telephone Line and Exchange Switching or Relay Stabon
Water Reservoir, Water Pumping Station or Well
Water Treatment Plant
Page 1 of 3
EXHIBIT B
Z-98-002
PERMITTED USES
Recreational and Entertainment Uses
Amusement, Commercial (Indoor)
Country Club (Private) with Golf Course
Pubhc Golf Course
Commercial Golf Course
Pubhc Park or Playground
Pubhc Play F~eld or Stadium
Roller or Ice Skating R~nk
Stable, Private Club
Stable, Commercial Rental
Stable, Boarding
Sw~m or Tennis Club
Theater, Other than Drive-in Type
Transportation Related Uses
A;rport Landing Field or Heliport
Bus Station or Terminal
Railroad Passenger Station
Radroad Track or Right-of-way
Railroad Team Track
Commercial Parking Lot
Commercial Parking Lot or Structure
Automobile Services Uses
New Auto Parts Sales Stores
T~re Retreading or Capping
Used Auto Parts Sales (in Building)
Retell and Service Ty~3e Uses
Antique Shop
Bakery or Confectionery Shop (Retail)
Cafeteria
Cleaning,and Pross~ng Small Shop and Pickup
Custom Personal Service Shop
Drapery, Needlework or Weaving Shop
Flonst or Garden Shop
Greenhouse or Plant Nursery (Retail)
Hand~craft Shop
Household Appliance Service and Repair
Laundry or Cleaning Self Service
Page 2 of 3
EXHIBIT B
Z-98-002
PERMITTED USES
Retail and Service Type Uses (continued)
Mimeograph, Stationary or Letter Shop
Mortuary or Funeral Parlor
Offices, Professional and Adm~mstrat~ve
Restaurant
Studio for Photographer, Musician, Arbst or Health
Secondhand Store, Used Furn~tura or Rummage Sale
Animal Clm;c, Hospital or Kennel (no outside runs or pens)
Farm or Ranch
Greenhouse or Plant Nursery
Bakery (Wholesale)
Upholstery Shop
CIcth~ng Manufacture or Light Compounding or Fabr;caflon
Contractors Shop
Job Printing or Newspaper Pnnt~ng
M~lk Depot, Dairy, or Ice Cream Plant
Plumbing Shop
Wholesale Office and Sample Room
Page 3 of 3