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1996-002 NOTE Amended by Ordinance No 98-440 Z-95-036 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CI~ASSIFICATIONAND USE DESIGNATION TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 031 ACRES OF LAND LOCATED ON THE NORTH SIDE OF US HIGHWAY 380, APPROXIMATELY 240 FEET WEST OF COOPER CREEK ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Dan Pettus and Rmta Harmon have applmed for a change mn zonlnG for 1 031 acres of land from the General Retaml zonmnG district classlfmcatlon and use deslGnatzon to the Commercmal condltzoned (C[c]) zonln§ dlstrzct classmfmcatlon and use desiGna- tion, and WHEREAS, on December 13, 1995, the PlannmnG and ZonznG Commzs- sion recommended approval of the requested change in zonznG, and WHEREAS, the City Council fznds that the change mn zonlnG wmll be in complzance with the Denton Development Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning dzstrlct classlfmcatlon and use desmGnatzon of the 1 031 acres of land described zn Exhmblt 1, attached hereto and incorporated into thms ordinance by reference, zs changed from the General Retail (GR) zonmnG d~strmct classifica- tion and use deszGnatzon to the Commercmal condmtloned (C[c]) zonznG dlstrmct classlflcatzon and use desmGnatmon under the comp- rehenslve zonlnG ordmnance of the Cmty of Denton, Texas, sub3ect to the followznG addztlonal condztmon In addztlon to the uses prohmb~ted wmthmn the General Retazl zonlnG dzstrmct and use class~fmcatzon, all uses shown on Exhmblt 2, attached hereto and incorporated herezn by reference, are prohmbmted SECTION II That the Czty's offlcmal zonmnG map ms amended to show the change mn zonznG dzstrlct classmflcatlon SECTION III That any person vmolatmnG any provmsmon of this ordznance shall, upon convmctlon, be f~ned a sum not exceeding $2,000 00 Each day that a provzsmon of thzs ordmnance zs vmolated shall constztute a separate and dmstznct offense SECTION IV That thzs ordmnance shall become effectmve four- teen (14) days from the date of mrs passage, and the Cmty Secretary · s hereby directed to cause the captmon of this ordznance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED ~D APPROVED this the~/~J~ day of~~.~, 1996 JE~IFER WALTERS, CITY SECRETLY HERBERT L PROUTY, CITY ATTO~EY PAGE 2 FIELD NOTES to all that cartain tract of land ~n the City of Denton, and being situated ~n the M E P & P Railroad Company Survey, Abstract Number 1469, Denton County, Texas and being all of that carta~n tract described in the deed from Thomas Lee Scott et ux to Carroll W Godwin et al recorded in Volume 1689 Page 941 of the Real Property Records of Denton County, Texas, and being all of the called Tract I and Tract II described m the Substitute Tmstee's Deed recorded under Clerk's File No 93-R0028450 of the Real Property Records of Denton County, Texas, as recognized and ocoup~ed on the ground, the subject tract being more particularly described as follows BEGINNING for the Southwest Comer of the tract being described hereto at a capped iron rod sat for the Southwest Comer of said Godwin tract in the North right-of-way line of East UmversAy (U S Hwy 360), THENCE North 01 Degrees 03 M~nutes 25 Seconds West w~th the occupied West line of said tract, generally along a fence a distance of 227 97 feet to a 1/2" ~ron rod found for the Northwest Comer of said Godwin tract, THENCE North 83 Degrees 49 Minutes 42 Seconds East w~h the North line thereof, generally along a fence at a distance of 70 00 feet passing a capped ~mn rod set at a fence comer post for the Northeast Comer of said Godwin tract, same being the Northwest Comer of said Tract II and continuing along said course, in all, a total distance of 210 21 feet to an iron p~pe found for the Northeast Comer of sa~d Tract I, same being the Northwest Comer of the called 0 494 acre tract described in the deed to Raymond W Booze, Jr et ux recorded in Volume 1128 Page 959 of sa~d Deed Records, THENCE South 00 Degrees 51 M~nutes 42 Seconds West with the East line of sa~d Tract I a d~stanca of 209 96 feet to a 1t/2" ~mn pipe found for the Southeast Comer thereof, ~n the North hne of said highway, THENCE South 78 Degrees 47 Minutes 40 Seconds West w~h saId North I~ne and the South of said Tract 1 and II a d~stanco of 138 89 feet to a 1/2" Iron rod found for the Southeast Comer of said Godvan tract, THENCE South 78 Degrees 14 Minutes 35 Seconds West w~th the South line thereof a distance of 66 79 feet to the PLACE OF BEGINNING and enclosing 1 031 acres of land List of Prohibited Uses Z-95-036 Dance Hall or N~ght Club Rodeo Grounds Sexually Onented Bus~ness Truck Parking Lot Tire Retreading or Capping L~cense,d Pnvate Club Secondhand Store, Used Furniture or Rummage Sale (outside of building(s)) Contraotors Shop & Storage Yard Engine ,and Motor Repair (as pnmary use, allowed as accessory use w~th vehicle sales bus~ness) Heavy Machinery Sales and Storage AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CURRENT OFFICE CONDITIONED lO(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, BY REPEALING THE EXISTING CONDITIONS AND ADDING NEW CONDITIONS ON 155 ACRES OF LAND AT 1413 E MCKINNEY, LOCATED ON THE NORTH SIDE OF MCKINNEY STREET APPROXIMATELY 96 FEET EAST OF HETTIE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Nancy Jessee, property owner, has applied for a change in zomng for 155 acres of land to alter the exastmg eondataons on the current Office Condatmned [O(c)] zomng, and WHEREAS, on November 11, 1998, the Planmng and Zomng Commlssmn recommended approval of the requested change m zomng, and WHEREAS, the Caty Couned finds that the change an zomng will be m compliance wath the 198&Denton Development Plan and the 1998 Denton Plan Pohcaes, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the zoning dmtnet ¢lassffieataon and use dasagnatmn of the 155 acre property dasenbed m the legal descnptaon attached hereto and incorporated hereto as Exhabit A remains Office Con&tinned [O(e)] under the comprehensave zomng ordinance of the C~ty of Denton, but the exmtmg eondmons are repealed and the following condltaons are added I Use of any structure as hmated to offices, professaonal or admlmstrat~ve 2 Lighting on the property shall be desagned and maintained so as not to shine on, or otherwase chsturb, adjmmng property or to stune and project upward to prevent the &ffuslon into the mght sky 3 The maxamum height of any structure shall not exceed two and a half (2 5) stones 4 The mammum floor area of the office as hmlted to 3500 square feet SECTIOlq~ That the Caty's officml zomng map as amended to show the change in zomng &strict classfficataon ~ That any person vaolatmg any prowsaon of this ordinance shall, upon convactlon, be fined a sum not exceeding $2,000 00 Each day that a prommon oftlus ordinance is violated shall constgute a separate and chstanct offense ~ That Ordinance No 96-002, as amended, shall remmn ~n full face and effect, save and except as amended by thas ordinance ~ That this ordinance shall become effective fourteen (14) days from the date of its passage, and the C~ty Secretary is hereby d~rected to cause the caption of th~s ordinance to be pubhshed twice m the Denton Record-Chromcle, a daily newspaper published the C~ty of Denton, Texas, w~th~n ten (10) days of the date of its passage ~o~^ss~ ~ov~t~/~-~ d~yo~ ~ ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 1413 EAST McKINNEY STREET FIELD NOTES lo all Ihat coridm tracl of land situated in the C~ty of Denton Denton County, Texas and being referred to as tho East 50 el Lot 1 m Block 12 of College V~ew Add~l~o~ art add~t~o~l in Ihe C~ly of Denlon accorda~g to tile Pldt lhe~eo! recorded ~n Volume 318 Page 4 of Ihe Deed Records of Denton Counly Texas the Sublecl tracl being more pa~hculariy des(..nbed ,l'., follows BEGINNING lot the Southe,i'`t Comer of lhe Ir.~ct being descubed here~n ,~t a capped Iron rod sol for Ihe Soulhea$l Corner of sa~d Lot 1 m the Wesl hn,~ of a pl.~ttod 20 foot alley and Ihe North line of East McKm~'tey Streel, THENCE North 88 Degrees 30 Minutes O0 Seconds West w~lh the South I~ne of said Lei 1 along sa~d Slreet a d~stanco of 50 01 feel to .~ capped ,on rod sol for Ihe Soulhwe~l Corner of the hereto described tract THENCE North 00 Degree'` 04 M.tules 16 Seconds East severing sa~d Lol 1 a d~slance of 134 81 feel Io a capped ~ron rod set for the Northwe'`l Comer of the hero,fi described tracl m tho North line of sa~d Lei 1, THENCE Soull} 89 Degrees 43 M~aules 32 Seco~ld~. Ea..I w~th s.,d No~th line a d~$1a~tce of 50 00 feel Io a capped rod sol for Ihe Norlhe~t'`l Cerner of '`a~d Lot 1 .~ Ihe Wesl hne of sa~d alley THENCE South 00 Degree,. 04 Minutes 16 Seconds West w~tl~ the East hne of smd Lei 1 along sa~d alley w~th a fence pall of the way .I d~stance ef 135 88 feet to the PLACE OF BEGINNING and enclosing 0 155 of an .~c~e of la,id KERN SURVEYING INC. PO BOX 507 KRUM,TX 76249 (817)482-6723 ALL that certain lot, tract or parcel of land lying and being situated in the J. Brock Survey, Abstract No. 55, in the City of Denton, Denton County, Texas, and being part of the west half of a 20-foot alley in Block 12 of College View Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 318, Page 4 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BBOINNING at a point in the north line of East McKinney Street, a public roadway having a variable width right-of-way, said point being the southeast corner of Lot 1, Block 12 of said College View Addition~ THENCE North, with the east line of said Lot 1, same being the west line of said 20-foot alley in said Block 12, passing at 135.80 feet the northeast corner of said Lot 1, same being the southeast corner of Lot 2, Block 12 of said College View Addition, and continuing with Che east line of said Lot 2, same also being the west line of said 20-foot alley, a total diBtanoe of 185.80 feet to a point at the northeast corner of said Lot 2~ THENCE North 89° 49' 23" East, departing said east line of said Lot 2 and the west line of said 20-foot alley, a distance of 10.00 £eet to a point in the center of said alley right-of-wey~ THENCE South, with said center o£ said 20-foot alley right-of-way, a dish,ce of 185.90 feet to a point in the said north line of East McKinney Street; THENCE North 88° 59' 35m West, with the said north line of Bast McKin~e~ Street, a distance of 10.00 feat to the POINT OF BEGINNING and containing 1,859 square feet of land.