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1998-366Z-98-044 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO AN APPROVED CONCEPT PLAN FOR 136 365 ACRES OF LAND CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT TWENTY (PD-20) LOCATED ALONG THE SOUTHEAST SIDE OF INTERSTATE HIGHWAY 35-E BETWEEN LILLIAN MILLER PARKWAY AND STATE SCHOOL ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Bob Shelton Enterprises, on behalf of Denton Security Investments, lmtlated a request to amend an approved concept plan for 136 365 acres of land currently witban Planned Development District Twenty (PD-20), and WHEREAS, on October 14, 1998, the Planning and Zomng Commission recommended approval of an amendment to an approved concept plan for 136 365 acres currently wlttun Planned Development District Twenty (PD-20), and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan, NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~=.T. LQ._N~ That the amended concept plan of the 136 365 acres of land w~thln Planned Development District Twenty (PD-20) described m Exhibits A and B, attached hereto and incorporated by reference hereto, is approved, subject to the following conditions 1 The permitted and restricted land uses allowed within the Light Industrial - Restricted (LI- R) and Light Industrial (LI) zoning chstncts shall be as listed In Exhibit C ~ That the City's official zoning map is amended to show the change in zoning district classification ~ That any person violating any provision of th~s ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a prows~on of this ordinance is violated shall constitute a separate and d~stanct offense ~ That this ordinance shall become effective fourteen (14) days f~om the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be pubhshed twice m the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage z-98-001 ATTEST JENNIFER WALTERS, CITY SECRETARY ]EXHIBIT A FIELD NOTES UNICORN LAKE LEGAL DESCRIPTION All that corta~n 136 365 acre tract, or parcel of land s~tuated ~n the M E P & P R R Co Survey, Abstract Number 950, Denton County, Texas, sa~d tract being a part of a First tract shown by deed to Foxworth-Galbra~th Lumber Company and recorded m Volume 474, Page 491 of the Deed Records of Denton County, Texas and being more particularly descnbed as follows BEGINNING, for the East comer of the tract being described hera~n at an ~ron pm found set ~n concrete ~n the southwest right-of-way of Interstate Highway 35 East, said corner being the most northern corner of tract of 1 570 acres as shown by deed to Josten's Inc and recorded ~n Volume 571, Page 39, of Deed Records Denton County, Texas, THENCE South 38 degrees 22 minutes 25 seconds West along the northwest boundary hne of the past menboned 1 570 acre Josten's Inc tract 345 37 feet to a steel pin in concrete ;,~r the west corner of the above menboned 1 570 acre tract, and being an ~nner el corner on the Ong~nal Foxworth-Galbra~th Lumber Company First Tract, THENCE South 02 degrees 39 minutes 24 seconds West 2391 49 feet to a large round fence corner post, for the southeast corner of the Foxworth-Galbralth Lumber Company F~rst Tract same being an inner el corner on the Denton State School tract, THENCE South 89 degrees 45 m~nutes 02 seconds East along fencehne and the North Boundary Line of the above mentioned Denton State School Tract, 1881 30 feet to a steel p~n on the West s~de of a corner post for the southwest corner of the Foxworth-Galbra~th Lumbar Company First Tract, and being m the West Boundary L~ne of the M E P & P R R Company Survey, Abstract Number 950, THENCE North 00 degrees 26 minutes 59 seconds West with a fence a d~stance of 3027 40 feet to an iron pm set in the ground at the southwest corner of a 15 137 acre tract, THENCE East with the southhne of said 15 137 acre tract w~th a beanng of South 89 degrees, 59 m~nutes 47 seconds West with a d~stance of 1273 64 feet to an ~ron p~n set ~n the ground at the southeast corner of sa~d 15 137 acre tract, THENCE South 40 degrees 03 m~nutes 00 seconds West a d~stance of 309 61 feet to an ~ron p~n set ~n the ground in smd southwest r~ght-of-way of Interstate H~ghway 35 east and also being the East comer of sa~d 15 137 acre tract, THENCE North 49 degrees 57 minutes 00 seconds West w~th sa~d nght-of-way a d~stance of 927 03 feet to the point of beginning EXHIBIT B EXHIBIT C PERMITTED AND RESTRICTED LAND USES Within the Light Industrml-Restr~cted (LI-R) and Light Industrial (LI) zoning districts X means the use is prohlb~ted within the designated zone d~stnct Probablted in Prohibited an Permitted by Code of Ordmances m PD-20 PD-20 Straight Light Industrial Classification LI-Restncted LI Classification Class~ficatlon One F.mfl¥ Dwelling Restricted Donmtorys Boarding or Roommg House Hotel or Motel Art Gallery or Museum Cemetery or Mausoleum X X Church or Rectory College or Umvers~t¥ or Private School Day Camp Day Nursery or Kindergarten School Group Home X X Halfway, House X X ' Home or Care of Aleohohc, Narcotic or Psychiatric PaUents X X Hospital (general acute care) Hospital (chronic care) Institutions of Rehglous or Phflanthorplc Nature Pubhc Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Pubhc Commumty Center Schools Private Primary or Secondary School, Pubhc or Denominational Schools Bunmess or Trade Accessory Bl!!!dmg Commup~ty Center (private) Electric IGeneratm~ Plant X X Electric Substation 100' setback X Electric ,Tran~rmn.~ton Iane X X Temporary F~eld or Construction Office F~re Station or ,q~mflar Pubhe Safety Building Gas Traoam~ss~on Lme and Metenng Station 100' setback X Home Occupation Off-Street parlan~ Incidental to Mare Use Off-Str~et Remote parking X Private Utility Shop or Storage Yard Pubhe B~fidm~s Shops Yard of Government Prohibited in Prohibited m Permitted by Code of Ordinances in PD-20 PD-20 Straight Lxght Industrial Classification LI-Resmcted LI Classification Classification Radio md/or Telewsmn Microwave Tower X Sewage Pumping Station X X Private Swimming Pool Telephone~ Business Office Telephone L~ne and Exchange Switching or Relay Station Water Reservmr~ Water Pumping Station or Well X Water Treatment Plant X X Amusement~ Commercial (outdoor) X Amusement~ Commercial (indoor) Country Club (private) with Golf Course Dance Hgll or N~ght Club X Drag Strlp or Commercial Racing X X Fmrground or Exhibition Area X X Go Cart Track X Golf Course (pubhc or commercial) Pubhc Play Field or Stadmm Rodeo Gronn&q X X Roller or Ice ,qlratmg Rank Sexually Oriented Business X X Stable (pnvate club~ commercial rental or boarding) X Swam or Tennis Club Theater~ Drive-In X X Theater~ Other than Dnve-In Type X A~rport Lanrhng F~eld X X Heliport X SUP Bus Station or Terminal X X Hauling or Storage Company X Motor Freight Terminal X Rmlroad Freight Terminal X X Rmlroad Passenger Station X X Railroad Track or l~ght-of-Way X X Railroad Team Track X X Truck Parking Lot X Commercial Parl~ng Lot or Structure X Auto La~mrlry X Auto painting and Body Repmr X Auto Sales and Repmr (m bmldlng) X Gasoline Service Station 100' Setback New Auto Parts Sales Store 100' Setback Prohlb~ted ~n Prohibited ~n Permitted by Code of Orchnances in PD-20 PD-20 Straight L~ght Industnal Classification LI-Restncted LI Classification Class~ficatlon New or Used Car Sales Lot (m open) X Seat Cover and Muffler Installation Shop X T~re Retrearhn~ or Capping X Used Auto Parts Sales (m bufldang) X Antique Shop Bakery or Confectionery Shop (retail) Cafeteria 100' Setback CleamngI and Pressmg, Small Shop and P~ck Up Custom Personal Service Shop Drapery, Needlework or Weawng Shop Florist or Garden Shop Greenhouse or Plant Nursery (retail) l-land~craft Shop Household Appliance Service and Repmr 100' Setback Laundry or Cleaning, Self Service M~meograph, Stationery or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Off Prerm ge Sale of Beer and/or Wine 100' Setback On Prermse Sale of Beer and/or Wine X L~censed Private Club X Pawn Shop X Restaurant 100' Setback Retail Stores and Shops (4,000 square feet or less) Retail Stores and Shops (over 4,000 square feet) Studio for Photo~Apher, Musician, Artist or Health Secondh~and Stores Used Furmture or Rummage X Tool or Trailer Rental X A~mal Pound (private or pubhe) X X Ammal Chme or Hospital (no outside runs or pens) Ammal Clmac or I-Iosp~tal (w~th outsade runs or pens) X Farm or,Raneh~ F~eld Crops Only Greenhouse or Plant Nursery Hatchery (poultry) X X Bakery (wholesale) X Bualdmg Material Sales Cabinet,and Upholstery Shop X Cleamng and Dyemg Plant (eommereml) X SUP Cleaning Plant, Bags or Carpets (special eqmpment) X Prohibited in Prohibited in Permitted by Code of Ordinances in PD-20 PD-20 Stralght Laght Industrial Classification LI-Restncted LI Classification Classification Clothing Manufacture or Light Compounding or Fabrication X Contractors Shop and Storage Yard X Engine and Motor Repairing X Feed Store Heavy Maebanery Sales and Storage X [ob Pnnting or Newspaper p.nntmg Laundry plant (commercial) SUP Milk Depot, Dmry or Ice Cream Plant X X Pamt Shop X Petroleum Products Storage - Wholesale X Plumbing Shop Sclentlfi9 or Research Laboratories Storage and Sales of Furniture or Apphances (outsade) X X Storage Or Sales Warehouse X Trailer Rental or Sales X Transfer~ Storage and Baggage Terminal X Wholesale Office and Sample Room X , Mixing and Sale of Concrete X Trailer Camp or Mobile Home Park X Correctional Facility X X Fraternity, Soronty~ Lodge or Civic Club Sewage Treatment Plant X X L~vestoek Auction X X L~vestock Feeding Plant~ Pen or Yard X X Flea Market X X Sand, Gravel or Earth Sales or Storage X Extract~an and Storage of Sand, Cahche, Stone, Clay or Gravel X Petroleum or Gas Well X Petroleum Collecting or Storage Facilities X Mmmg or Storage of Mmmg Wastes SUP SUP Temporary Asphalt or Concrete Batehmg Plant X Brick Kiln or Tile Plant X X Dump or Samtary Fill Area X X Open Salvage Yard for Rags, Maehtnery, ere X X Light Manufacturing or Industrial Uses whtch meet Performance X Standards 100' Setback means the structure is reqmred to be set back no less than 100 feet from the adjacent residential zone district at the western boundary of the L~ght-Industnal - Restricted zone district SUP means a Specific Use Permit must be approved by City Council prior to the development of the specified uses